Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
The most preferred deed from the seller's point of view is the General warranty deed. This type of deed provides the highest level of protection for the seller. It guarantees that the seller has good title to the property and ensures that the seller will defend against any claims made by other parties.
California mainly uses two types of deeds: the “grant deed” and the “quitclaim deed.” Most other deeds you will see, such as the common “interspousal transfer deed,” are versions of grant or quitclaim deeds customized for specific circumstances.
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.
General warranty deed It's the type of deed that offers the most buyer protection. When committing to a general warranty deed, the seller is promising there are no liens against the property, and if there were, the seller would compensate the buyer for those claims.
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.
Types of Warranty Deeds These deeds offer different levels of protection and are used ing to the nature of the transaction: General Warranty Deeds: A General Warranty Deed, also known as a 'full warranty deed,' offers the highest level of buyer protection.