A quitclaim deed is seen as the weakest form of deed. A quitclaim deed offers the lowest protection to the grantee, and there are no covenants or warranties included in it. Quitclaim deeds are usually done between family members for simple transactions.
The most common way to transfer property is through a general warranty deed (sometimes called a "grant deed"). A general warranty deed guarantees good title from the beginning of time.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.
There are also some disadvantages to using gift deeds: It is irrevocable post-execution, which can lead to complications if problems arise in the future between the donor and donee. There are extra costs in the form of stamp duty, which vary from state to state.
There are many uses for a quitclaim deed, but one of the most common is to convey ownership between people who are related, like spouses, parents or other family members.
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.
Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
A Quit Claim Deed transfers the property without any warranties or guarantees about the title, while a Deed of Gift transfers the property as a gift and typically includes warranties about the title and ownership.