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Commonly Asked Questions about Legal Grant Deeds

The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they havent sold the property to anyone else, and that it is clear of any liens or restrictions.
A grant deed, like a contract, is binding once signed. Rescinding a grant deed may be considered if the grantor made a mistake regarding a basic assumption upon which the contract was based, and the mistake has a material effect on the agreed exchange of performances.
Grant deeds serve what purpose? Its primary purpose is to transfer ownership from one party (grantor) to another (grantee). By doing so, the grantor can ensure that the title will not be encumbered, licensed, or contested by third parties during the period it is in transfer.
What is the difference between a Grant Deed and a Deed of Trust? A Grant Deed is an instrument that reflects a change in ownership of real property. A Deed of Trust is an instrument that secures a debt to real property.
☞ No Safeguards Against Undisclosed Defects: A grant deed typically does not include any protection for the grantee against defects in the property that the grantor did not disclose. The grantee may be responsible for any liens or encumbrances on the property that the grantor did not disclose.
Simply put, Grant Deeds ensure that the true owner of a certain property or title has the legal right to convey their interest in the property, while a Quitclaim Deed does not have any such warranties or assurances. Quitclaim Deeds are commonly used in real property transactions involving family members or trusts.