Difference Between Quit Claim Deed and Warranty Deed (With Table)

Quit Claim Deeds can be used in a variety of situations, such as when selling land and home and for transferring any fund or property. A Warranty Deed is a document that proves the title of a property. Moreover, a Warranty Deed is different than a quitclaim deed, which means a person-quit their claim to the property and will not make any future claims. Quit Claim Deed, and Warranty Deed may seem similar, but they are not.

Quit Claim Deed vs Warranty Deed

The difference between Quit Claim Deed and Warranty Deed is that Quit Claim Deed has ownership of the deed holder’s property to another party but does not include other rights. Warranty Deed, on the other hand, the grantor has the legal authority to sign the deed. Moreover, this means that usually, only someone with full legal authority can transfer all of their rights of real estate.

A Quit Claim Deed is used as part of settling an estate by distributing ownership among heirs. Moreover, it can be called “an estate deed.” If a full title is given to the property, it would not be considered a “Quit Claim,” and would be considered a full conveyance of ownership.

A Warranty Deed is a little different than other deeds. It is used to transfer property from one person to another. It’s similar to other deeds, but it also includes an express warranty, which states that the person who signed the deed grantor warrants or guarantees that they have the right to sell the property.

Comparison Table Between Quit Claim Deed and Warranty Deed

Parameter of Comparison Quit Claim Deed Warranty Deed
DefenitionA quitclaim deed is a document that transfers ownership of the deed holder’s property to another party.A warranty deed is a document that transfers ownership of real property.
OriginIt was founded in 1800.It was founded in 1437
Legal Liabilities.No legal liabilities.Legal liabilities are present.
OwnershipOwnership from one party to another.Transfers ownership of real property.
GuarantorNoYes

What is Quit Claim Deed?

A Quit Claim deed is a document that transfers ownership of the deed holder’s property to another party but does not include other details about the agreement between them. A full title, at first glance, might be easier to read and understand than a Quit Claim Deed. Moreover, it includes information about who owns what portion of the property.

A Quit Claim Deed is not related to a “quit claim” clause in a contract. The label “quit claim” does not indicate that the agreement should be interpreted as no longer being in force or effect.

A Quit Claim Deed is used in real estate sales. When selling a piece of property, for example, for foreclosure, banks and other financial institutions provide a quitclaim deed to clear title. This means that anyone who purchases real estate with a quitclaim deed will be taking over ownership subject to any outstanding liens or loans on that property.

Quit Claim Deeds do not transfer land or property; instead, they transfer the rights and responsibilities attached to property after it has been acquired. The transfer of title consists of merely transferring ownership from one party to another. Quit Claim Deeds are used to transferring only the interest of the named owner, without any warranties regarding the validity of the previous owner’s title.

What is Warranty Deed?

The warranty is the document that gives whoever buys the property rights to it. It describes all of the title information about the property that was included in the original deed. Moreover, some conditions must be met when using a warranty deed to transfer property.

 Most warranty deeds can only be used if there are no unpaid mortgages, taxes, liens, attachments, or judgments against the property. The grantor must also have the legal authority to sign the deed. This means that usually, only someone with full legal authority can transfer all of their rights to a piece of real estate.

A warranty deed is a document that transfers ownership of real property. When someone sells their home, they will often sign both a deed and a warranty deed. The first document transfers ownership or the legal title to the new owner, and the second document provides assurance or guarantee to the buyer. This assurance is the warranty.

 Warranty Deed is an assurance that the seller has clear title to the property and will not later appear and demand any additional payment from the buyer based on such later-disclosed problems as unpaid taxes, unpaid or outstanding mortgages, or pending lawsuits or other claims.

Main Differences Between Quit Claim Deed and Warranty Deed

  1. A Quit Claim Deed is a document that transfers ownership of the deed holder’s property to another party, whereas, A Warranty Deed is a document that proves the title of a property.
  2. Quit Claim Deed was founded in 1800, whereas Warranty Deed was founded in 1437.
  3. Quit Claim Deed does not have any legal liabilities, whereas Warranty Deed has legal liabilities.
  4. Quit Claim Deed does not have any presence of a guarantor. Warranty Deed there is a presence of guarantor.
  5. Quit Claim Deed offers ownership from one party to another, whereas Warranty Deed transfers ownership of real property.

Conclusion

A Quit Claim Deed is often used when selling land and home and for transferring title of any kind of property real estate, personal property, automobile, trust. A warranty deed is a document that transfers ownership of real property. Moreover, It ensures that the person or business that owns the deed that their ownership is clear and that they have the right to sell the property.
A Warranty Deed is extremely different than a Quit Claim Deed. Moreover, in some states, a Quit Claim Deed is used as part of settling an estate by distributing ownership among heirs. Quit Claim Deeds are used to transferring only the interest of the ownership, without any warranties regarding the validity of the previous owner’s title. Warranty Deed often comprises property rights, a grantor with legal authority to sign the deed, and a warranty that no action will be taken against the buyer in the future.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/orglr35&section=20
  2. https://archive.dennishistsoc.org/handle/10766/1764
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