Deed Without Warranty Vs Quitclaim Deed In San Diego
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Purchasing property claim via a quitclaim deed is risky because it does not guarantee that the seller has clear title or any ownership interest at all; meaning you could end up with no legal claim to the property if there are undisclosed issues.
The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.
You can sell as a warranty deed... but this means you are warranting clean title and the buyer can come back to you, you should only provide a warranty deed if there's a title company/title insurance being purchased.
Special Warranty Deed Risks: The limited protection may expose buyers to title issues that arose before the seller's ownership period. This can be risky, especially for older properties or those with a complicated title history.
This can have several consequences. First without recording the deed. There is no public record ofMoreThis can have several consequences. First without recording the deed. There is no public record of the transfer. This can lead to confusion and disputes over ownership in the future.
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.
A grantor may make a gift of property to the grantee, and use a grant deed form or a quitclaim deed form for the purpose.
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.
The two most common types of deeds are grant deeds and quitclaim deeds. Both deeds effectively transfer title; however, there are some significant differences between these two types of deeds.
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.
