General warranty, special warranty, quitclaim — three very different levels of assurance.
Esshaki Legal Media TeamCurrent as of April 2023
The form of deed determines what the grantor promises about title. The price is
usually the same; the risk is not.
General warranty deed. The grantor warrants against all defects, whenever
they arose, including before the grantor owned the property. The traditional
covenants are seisin, right to convey, against encumbrances, quiet enjoyment,
warranty, and further assurances. The first three are present covenants breached
at delivery if at all; the last three run with the land.
Special or limited warranty deed. The grantor warrants only against defects
arising during its own ownership. This is the market standard in commercial
transactions, where the buyer relies on title insurance rather than on the
seller’s covenant.
Quitclaim deed. Conveys whatever interest the grantor has, with no warranty
— possibly nothing. Used to clear clouds, resolve boundary disputes and transfer
among related parties.
Bargain and sale, statutory warranty and covenant deeds exist in particular
states with defined statutory meanings.
Practical points. The deed must identify the parties, contain words of
conveyance, describe the property adequately, and be signed, acknowledged and
delivered. Recording is not required for validity between the parties but is
essential against third parties, and delivery — actual intent to pass title — is
what completes the conveyance.