Types of Deeds and Their Uses

Here are descriptions of three common deed types – Warranty, Bargain and Sale, and Quit Claim – plus variations you might come across.

Warranty Deed

A Warranty Deed contains promises from the grantor about the condition of title to the property. The grantor conveys and warrants title to the property. The grantor:

• At the time of the property without fee simple title to the property without limitations that could result in losing that ownership
• The property was free from liens and encumbrances that the grantor created
• The title was free from all liens and encumbrances that existed before the grantor owned the property
• The buyer will have quiet and peaceful possession of said premises
• The grantor will defend against all persons who may lawfully make a claim against property

All of the above warranties are limited by exceptions of any defects noted in the deed.

Bargain and Sale Deed

A Bargain and Sale Deed contains more limited promises about the condition of title than a Warranty Deed. In this deed, the grantor warrants that:

• At the time of the conveyance, the grantor owned fee simple title to the property without limitations that could result in losing that ownership
• The property was free from liens and encumbrances that the grantor created
• The buyer will have quiet and peaceful possession against the grantor, unless limited by express provisions in the deed

Quit Claim Deed

A Quit Claim Deed has no promises from the grantor about the condition of title, and the grantor has no responsibility to defend the title on behalf of the grantee.

Special Warranty Deed

This is similar to a Bargain and Sale Deed, though there are no warranties provided by statute. Usually, the grantor warrants that:

• The property was free from liens and encumbrances that the grantor created
• The buyer will have quiet and peaceful possession against the grantor

Trustee Deed

This is similar to a Quit Claim Deed. There are no warranties of title made by the Trustee. The deed only conveys the title to the purchaser as of the time of signing the deed of trust.

Sheriff’s Deed

There is no statutory form for a Sheriff’s Deed. Generally, these deeds contain no warranty that the sale is valid or that the ownership is free from any liens or encumbrances.

Personal Representative Deed

There is no statutory form for a Personal Representative (PR) Deed. These usually have no warranty, but if a warranty is intended, the deed explicitly states the warranty.