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Litigation & Court Documents

Quitclaim Deed vs. Warranty Deed: What's the Difference?

Both transfer property, but they promise very different things about what you're actually receiving.

6 min read

Both a quitclaim deed and a warranty deed transfer property from one person to another, but they carry very different guarantees about what's actually being transferred. Using the wrong one can leave a buyer with far less protection than they think they have.

A warranty deed guarantees clear title

A warranty deed promises the seller actually owns the property, has the right to sell it, and that it's free of undisclosed liens or claims — and the seller is on the hook if that promise turns out to be false. This is the deed buyers should expect in a standard arm's-length sale.

A quitclaim deed makes no such promise

A quitclaim deed transfers whatever interest the seller has — which could be full ownership, a partial interest, or nothing at all — without any guarantee. If a title defect surfaces later, the buyer has no recourse against the seller through the deed itself.

Where quitclaim deeds make sense

Quitclaim deeds are common between parties who already trust each other's ownership claim: adding a spouse to a title, transferring property into a living trust, or clearing up a title defect between family members. They're rarely appropriate for a sale to a stranger.

Getting the deed language right matters

Deeds have precise legal requirements — the property's legal description, proper notarization, and language that matches your state's statutory form. An error here doesn't usually surface until you try to sell or refinance later, when it's far more expensive to fix.

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