What is the difference between a warranty deed and a quitclaim deed?

A warranty deed and a quitclaim deed are two different types of documents used in real estate transfers in California. A warranty deed guarantees the buyer specific rights to the property being transferred, including the right to quiet enjoyment, which is the right to use and enjoy the property without interference. The seller of a warranty deed also guarantees that they own the property being transferred and that they have not sold it to anyone else and that it is free of any liens or claims. A quitclaim deed, meanwhile, only transfers whatever interest the seller has in the property. The seller does not guarantee that they actually own the property or that the property is free of any liens or claims. Also, the seller does not guarantee the buyer the right to quiet enjoyment. Quitclaim deeds are used for transfers between family members, when the buyer is already familiar with the property, or when the deed is being used to clear up any potential title issues.

Related FAQs

What is a landlord’s duty to repair?
What is a leasehold estate?
What is a subordination agreement?
What is an agreement to sell?
What is title insurance?
What are real estate taxes?
What is a license agreement?
What is a quiet title action?
What is the Marketable Title Act?
What is the difference between a real right and a personal right?

Related Blog Posts

What You Need to Know About Property Law - July 31, 2023
Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023