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Commonly Asked Questions about Warranty Deed from Individual to Individual

A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property. When you purchase property, you usually receive a warranty deed from the seller to you to show that you now own the property.
A general warranty deed is a legal agreement that protects a property buyer from any debts held against the property theyre purchasing. If such a debt emerges after the sale, the seller, not the buyer, is financially responsible for that debt.
A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.
A special warranty deed differs from a general warranty deed in that where a general warranty deed guarantees title against interests predating the grantors ownership of the property, a special warranty deed merely guarantees title only against defects arising during the time the grantor owned the real property.
No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.
Key Takeaways. A warranty deed protects the buyer and ensures that the seller holds a free and clear title to a property without any outstanding liens or mortgages. A warranty deed is a legal real estate document and protects the buyer against future claims to the title of the property.
Warranty deeds protect the buyer by guaranteeing a clear title and give the current owner the legal right to sell the house. For sellers, warranty deeds can delay the home selling process and come at an extra cost.
A warranty deed does not actually prove ownership of a property. The best way to establish ownership is through a title search, which examines public records to determine if any liens, third-party claims, or other issues could affect ownership.