Quick Deed Vs Warranty Deed In Florida
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Long story short: If you are the buyer, then the warranty deed is more favorable to you because it provides a more solid legal protection. If you're the seller, the quitclaim deed is more favorable to you.
General Warranty Deed — A Warranty Deed is the most common type of deed used in Florida real estate transactions.
Ultimately, the main problem with quitclaim deeds is their lack of any guaranty on the part of the person transferring their ownership interest in the property. With a quitclaim deed, the grantor only states that they are transferring any interest they may have in the property–whatever that interest may be.
Quitclaim deeds are typically used to transfer property in non-sale situations, such as transfers of property between family members.
Transfer property between family members Quitclaim deeds are most commonly used between family members or people who trust each other, since there is a level of risk when you don't know all the details about the property. Think of a quitclaim deed as a transaction without a verification for what you've purchased.
A warranty deed offers the strongest protection. It protects the party receiving the property title in case there turns out to be any issues with the title.
General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.
A general warranty deed is used to transfer real property from one person to another. This type of deed offers the greatest protection for the buyer and has specific requirements for what must be included in the document.
While it's technically possible for property owners to draft a quitclaim deed themselves, attempting to do so on behalf of someone else without the necessary qualifications, including title companies and non-lawyer services, can very likely be deemed an unauthorized practice of the law.
