When buying or selling real estate, it’s important to understand how a deed factors into the process. There are a few different types of deeds each used in particular situations.

 

What is a Deed?

A deed is paperwork that the seller (grantor) gives to the buyer (grantee) during the sale of real property. Deeds document the sale and property ownership and are filed with the local registry of deeds after signing. 

 

Types of Deeds

There are various types of deeds used in different real estate transactions. Some of the most common types of deeds in Florida consist of: 

 

General Warranty Deed

A general warranty deed is the most common type of deed, and it protects the buyer against any title defects or third-party claims. The grantor guarantees that the title is free of defects, and they are the legal owner of the property and have the right to sell it. A general warranty deed promises the highest level of protection.

 

Special Warranty Deed

A special warranty deed offers limited protection to the buyer. Unlike a general warranty deed, a special warranty deed only promises two things:

• The legal owner holds the title to the property.
• The real estate had no liens or encumbrances on it when they bought it. 

That means if there were liens or third-party issues before the current owner bought it, you could still have problems down the road. The seller is only promising that there were no title issues during the time they owned the property. 

 

Quitclaim Deed

A quitclaim deed is another type of house deed that offers zero protection. It is typically used to clear a title and eliminate defects. When real estate is bought and sold between family members, they will use a quitclaim deed. It is essentially a deed of trust between people who know each other well when a legal guarantee is not needed.

 

Specialized Deed (Corrective Personal Representative Deed)

A corrective personal representative deed is used to transfer real estate from a deceased person’s estate to a beneficiary. The courts often use specialized deeds to represent the real estate owner and carry out their wishes from the will. 

 

Fee Simple Deed

A fee simple deed is similar to a quitclaim deed, but it is more versatile. It offers no protection for the buyer, but it’s transferrable, may be inherited, and is indefinite in nature. 

 

Bargain of Sale Deed

With a bargain of sale deed, the seller has the legal rights to the title and can sell it legally. However, there is no guarantee that the title doesn’t have defects or third-party claims upon it. These are most often used in the case of a bank foreclosure or tax sale. 

 

Real Estate Deeds Help

Real estate deals can quickly become complex and confusing, and legal issues do often arise. Contact Haber Law today if you need help with your real estate transaction. We specialize in all areas of real estate law.