Warranty Deed Vs Quitclaim Deed For Property In Pennsylvania

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Multi-State
Control #:
US-00186
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Description

In Pennsylvania, the primary distinction between a Warranty Deed and a Quitclaim Deed centers on the level of protection they provide to grantees in property transactions. A Warranty Deed guarantees that the grantor holds clear title to the property and offers legal assurances against any claims, making it suitable for significant transactions where security is paramount. Conversely, a Quitclaim Deed transfers whatever interest the grantor may have in a property, without warranties, making it more appropriate for transactions between familiar parties or for clearing title issues. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize these forms based on the level of security required for a transaction. Filling out these forms necessitates providing details such as the property description, parties involved, and relevant dates, while editing may involve adjusting language to meet specific transaction needs. Understanding these differences aids legal professionals in advising clients effectively and ensuring appropriate use in various property transfer scenarios, from sales to familial transfers.
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FAQ

As with any kind of deed transfer, a quitclaim deed is a legal instrument used to transfer real property from a grantor to a grantee. Quitclaim deeds include no title of covenant and are therefore less comprehensive, providing the least amount of protection of all deed transfers.

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.

Pre-Registration of Deeds was rescinded as of December 9, 2008; however, some boroughs and townships still require registration of deeds after recording. It is the submitter's responsibility to take the deed to the municipality to be registered after it is returned to them from the Recorder of Deeds Office.

Recording Requirements To record a quitclaim deed, file it with the local Recorder of Deeds. County rules and fees vary. Additional Documents A Certificate of Residence form must be filed with the deed. For residents of Philadelphia County, the Real Estate Transfer Tax Certification (Form 82-127) is also required.

The deed must meet the format and content requirements in Pennsylvania law. It should specify the grantor, grantee, and property details. The property description must be legally sufficient - a real estate lawyer in Philadelphia can research the prior deeds and draft an accurate description.

No such deed which shall remain unrecorded as aforesaid, for the said term of two years, shall be permitted to be given in evidence in any of the courts of this Commonwealth, unless proven or acknowledged ing to the act to which this is a supplement, or unless proven in the manner in which other instruments of ...

A quitclaim deed is a simple tool for transferring interest in a property without guaranteeing that the grantor has valid ownership. It's most commonly used in non-sale situations, such as transfers between family members, or to update or clarify ownership titles.

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Warranty Deed Vs Quitclaim Deed For Property In Pennsylvania