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Commonly Asked Questions about US Real Estate Legal Deeds

General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.
DEED. A written document by which the ownership of land is transferred from one person to another.
The most common way to transfer property is through a general warranty deed (sometimes called a grant deed). A general warranty deed guarantees good title from the beginning of time.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.
Traditional sale transactions work best using general warranty deeds, and most typical real estate transactions involve a general warranty deed because it confirms the seller has the legal right to sell.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property. This type of deed is used in most real estate deed transfers.
A general warranty deed is often considered the most common way to transfer real property. It is used when you are aware and confident that the title to your property is good and marketable. It is most commonly used for residential real estate transactions.
When committing to a general warranty deed, the seller is promising there are no liens against the property, and if there were, the seller would compensate the buyer for those claims. Mainly for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.