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.
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