Deed Without Warranty Vs Quitclaim Deed In Texas
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FAQ
As a property owner and grantor, you can obtain a warranty deed for the transfer of real estate through a local realtor's office, or with an online search for a template. To make the form legally binding, you must sign it in front of a notary public.
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.
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.
The quitclaim deed is the lowest and least desirable form of deed. It does not carry with it any after-acquired title. The words of grant for a quitclaim deed, "remise, release, and quitclaim", imply no covenants or warranties of title.
The Quitclaim Deed: The “quitclaim deed” is the worst type of deed because it conveys no warranty whatsoever that the seller's title is good title or that there are no encumbrances on the property.
A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
Texas deeds without warranty While the deed without warranty sells and conveys the property to the buyer, it's only slightly better than a quitclaim deed. It conveys title to the buyer, but there's no warranty against any defects in the title.
The rule in most jurisdictions is that a recorded quitclaim deed, when taken in good faith for valuable consideration without notice, prevails over a prior unrecorded deed. A quitclaim deed in Texas, however, actually raises doubts about the grantor's interest and puts a purchaser on notice of those doubts.
