What Is the Difference Between a Deed Without Warranty & a Quitclaim Deed?
- Real estate transactions involving a transfer of ownership are legally described as a conveyance of land. All jurisdictions require the conveyance to be in writing, typically in the form of some type of deed.
- A deed without warranty conveys land, but it is the weakest form a conveyance because there are no warranties associated with the conveyance. The deed will establish title to the land in the new owner--the grantee--but that is it.
- By using a deed without warranty, the new land owner has no assurances from the previous owner that there are no liens or encumbrances against the land, or that there are no other persons who claim any ownership of the land.
- A quitclaim deed does not convey land, it merely releases any claims to land. Quitclaims are typically used to settle ownership disputes between relatives or in divorce proceedings.
- Neither a deed without warranty nor a quitclaim deed is appropriate for use in an arms-length real estate sale. It is unlikely that any title company will insure title to the property with either of these deeds.
Conveyance of Land
Deed without Warranty
Warranties
Release of Property Claim
Real Estate Sale
Source...