In Texas there are four major types of deeds. Each type has its uses and drawbacks. Choosing the right deed to use in your situation requires careful consideration. The real estate lawyers at Hammerle Finely Law Firm are expertly familiar with each deed and can help you use the best one for your situation.
The four types of deeds include general warranty deeds, special warranty deeds, deeds without warranty, and quitclaim deeds (often incorrectly called quick claim deeds). Below is a short description of the deeds and their features.
General Warranty Deeds
General warranty deeds warrant the entire chain of title for the deeded property and obligate the seller to defend the buyer against any title defects. Even if those defects existed prior to the seller’s ownership. Under the general warranty deed, if the buyer’s title is impaired for any reason, the seller is liable to the buyer for the title defect. As such, the general warranty deed is the deed preferred by buyers in residential real estate transactions.
Contact the real estate lawyers at Hammerle Finley to determine whether the use of a general warranty deed is the best option in the transfer of your real property.
Special Warranty Deeds
Under a special warranty deed, on the other hand, the seller warrants only that he or she has done nothing to impair the title to the deeded property. This limited deed only warrants that title is free and clear of impairments made during the time of the seller’s ownership. As such, the special warranty deed can be the deed preferred by sellers, especially when there are questions as to the title existing prior to the seller’s ownership.
When confronted by a seller insisting on a special warranty deed, contact the real estate lawyers at Hammerle Finely to protect your interest in the property you are purchasing.
Deed without Warranty
The deed without warranty lies between the warranty deed and the quitclaim deed as it is a deed without any warranties. The deed without warranty uses the formal language “grant, sell, and convey” to transfer title, but makes no warranties, so the seller has no liability for any impairments in the title. Typically, the deed without warranty is used to clear up prior title deficiencies and is used in the last resort.
Contact the real estate lawyers at Hammerle Finley when considering a deed without warranty in the transfer of real property.
Quitclaim deeds are the simplest form of deed for the sale or transfer of real property. The quitclaim deed conveys whatever title, interest, or claim the seller has in the deeded real property. Because the quitclaim works more as a release of whatever title the seller has in the deeded property, and the seller may not even have true title to the property, title companies give little value to quitclaim deeds. This can cause problems for a purchaser and is something to consider when transferring real property. As such, it is typically preferable to use one of the warranty deeds described above.
When considering the use of a quitclaim deed in the transfer of real property contact a real estate lawyer at Hammerle Finley to determine if the use of a warranty deed is a better course of action.
Hammerle Finley Law Firm has represented clients for more than 35 years inside and outside the courtroom. We provide effective, strategic, and cost-effective legal counsel so that our clients can focus on what matters most to them.
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