Deed Without Warranty Vs Quitclaim Deed In Miami-Dade
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FAQ
In some cases, a deed without warranties may be better than a quitclaim deed because a quitclaim deed, as a matter of law, gives notice to the grantee that there might be other claims on the property. That makes it harder to protect against those claims, should they arise.
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.
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.
Quitclaim deed transfers are ideal for: transferring property interest between family members, such as a parent to a child.
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.
What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.
General Warranty Deed — A Warranty Deed is the most common type of deed used in Florida real estate transactions.
A warranty deed promises that the grantor holds good, clear title to a piece of real estate. It promises also that the grantor has the right and authority right to sell it to the grantee or buyer. A quitclaim deed, on the other hand, makes no promises about the quality of the title to the property.
An attorney licensed to practice law in Florida must prepare deeds, powers of attorney, and other instruments that are to be recorded. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature.
May I make out my own deed? Yes you may, however, we always recommend consulting an attorney regarding property transfers and changes, because minor changes in the wording of the document can completely change the legal meaning of the document.
