Warranty vs Quitclaim Deed: What You Should Know

Everyone · Comparison · Updated October 1, 2026 · LearnLife Editorial

What Is a Warranty Deed and How Does It Protect You?

A warranty deed is a formal legal document used in property sales that offers the strongest protection to the buyer. When a seller gives a warranty deed, they promise that they fully own the property and have the right to sell it. More importantly, the seller guarantees that the property's title is clear of any liens, debts, or legal claims — not just during their ownership but going back through the property’s entire history. This guarantee is called a “covenant of warranty.”

For example, if a buyer receives a warranty deed and later someone claims ownership due to a hidden mortgage or unpaid property taxes from years ago, the seller is legally responsible to fix the problem or reimburse the buyer. This makes warranty deeds especially important in traditional home purchases where buyers want peace of mind.

Sellers usually provide warranty deeds when they are confident the title is clean, often backed by a recent title search conducted by a title company. This search verifies no outstanding claims exist against the property. The warranty deed is then recorded with the county to publicly document the buyer’s ownership.

The key protections in a warranty deed include:

• Covenant of Seisin: Seller guarantees they own the property and can sell it.
• Covenant Against Encumbrances: Seller promises no hidden liens or claims exist.
• Covenant of Quiet Enjoyment: Buyer’s ownership won’t be disturbed by others claiming a right to the property.
• Covenant of Further Assurances: Seller will take steps to fix title problems if they arise.

These promises mean the buyer can have confidence that their ownership is secure.

What Is a Quitclaim Deed and When Is It Appropriate?

A quitclaim deed is a much simpler legal document that transfers whatever interest the seller currently has in the property — and nothing more. The seller does not guarantee they own the property, nor do they promise the title is free of claims. Essentially, the seller “quits” any claim to the property, passing it on to the buyer as-is.

Quitclaim deeds are commonly used in special situations such as:

• Transferring property between family members (for example, a parent transferring a house to a child).
• Dividing property after a divorce.
• Clearing up title issues when multiple owners are involved.
• Transferring property into or out of a trust.

Because the quitclaim deed offers no warranties, the buyer takes on any risk of title problems. If someone else later claims ownership, the buyer cannot hold the seller responsible or require compensation. Therefore, quitclaim deeds are not generally recommended for standard home purchases or sales involving strangers.

For example, if a sibling transfers their interest in a family property to another sibling using a quitclaim deed, they are not guaranteeing clear title, but simply passing along whatever ownership they have. This makes the process faster and less expensive, but riskier if title problems exist.

To reduce risk, parties using quitclaim deeds often rely on prior knowledge of the property’s status or conduct a title search before transfer. However, no legal protections come with the deed itself.

How Do Warranty and Quitclaim Deeds Compare in Key Features?

This table highlights the major differences that affect buyers and sellers. Warranty deeds provide peace of mind through strong legal protections and are preferred when the property’s history is uncertain or when financing is involved. Quitclaim deeds save time and cost but come with significant risks that only trusted parties should accept.

Who Should Choose a Warranty Deed and Who Should Use a Quitclaim Deed?

Choose a Warranty Deed if:

• You are buying property from someone you do not know well, like a stranger or business entity.
• The transaction involves a mortgage lender, as lenders nearly always require a warranty deed.
• You want to ensure clear title and protection from hidden liens, easements, or claims.
• You want legal recourse if title problems arise after purchase.

Use a Quitclaim Deed if:

• You are transferring property between family members or close friends who trust each other.
• The transfer is part of a divorce settlement or estate planning.
• You are correcting or clarifying title ownership (for example, removing an ex-spouse’s name).
• You accept the risk that the property might have unresolved title issues.

For example, a buyer purchasing their first home typically demands a warranty deed to protect their investment. On the other hand, a parent gifting land to a child may choose a quitclaim deed for simplicity, assuming the child accepts any existing title risks.

What Questions Should You Ask Before Selecting a Deed Type?

Before agreeing to a warranty or quitclaim deed, ask these questions to help clarify the best choice for your situation:

1. Who is the seller, and what is your relationship to them? Trust reduces the need for warranties.
2. Is financing involved? Mortgage lenders generally require warranty deeds.
3. Has a professional title search been conducted? This is crucial for warranty deeds to confirm clear title.
4. Are there known liens, unpaid taxes, or other claims on the property? Warranty deeds protect against these, quitclaim deeds do not.
5. What level of risk are you willing to accept? Quitclaim deeds carry higher risk for the buyer.
6. What are the state and local legal requirements regarding deed recording and types? Laws vary by state and county.
7. Are you prepared to handle potential title disputes or litigation? Warranty deeds offer seller-backed protection, quitclaims do not.

As an example, if you are unsure about a property’s title history but the seller offers a quitclaim deed, you should consider insisting on a warranty deed or at least a special warranty deed to reduce risk.

Can You Change a Quitclaim Deed to a Warranty Deed After the Fact?

Once a quitclaim deed is finalized and recorded, it cannot simply be converted into a warranty deed. The type of deed used must be chosen before or during the property transfer. If you want the protections of a warranty deed, you need to set that expectation upfront.

If you already have a quitclaim deed but are concerned about title issues, you can take steps such as:

• Purchasing Title Insurance: This can help protect you against unknown title problems.
• Conducting a Thorough Title Search: To identify any existing liens or claims.
• Consulting a Real Estate Attorney: For options on resolving title disputes.

However, these remedies do not replace the seller’s warranty obligations found in a warranty deed. If you discover title defects after a quitclaim transfer, resolving them can be legally complex and costly.

How Does a Special Warranty Deed Differ from These Two?

A special warranty deed offers a compromise between a warranty deed and a quitclaim deed. It guarantees that the seller has not caused any title problems during their period of ownership but does not cover issues that arose before they owned the property.

Special warranty deeds are common in commercial real estate or sales by trustees and fiduciaries. They provide more protection than a quitclaim deed but less than a full warranty deed.

For example, if a trustee sells a property using a special warranty deed, they promise they did not cause any liens or claims during their ownership but cannot guarantee the entire history of the property.

Understanding the distinction between general warranty, special warranty, and quitclaim deeds helps buyers and sellers pick the right document for their transaction’s risk profile.

Frequently asked questions

What risks come with accepting a quitclaim deed as a buyer?

You receive no guarantees about ownership or title status, so you might face claims from others or discover liens later. The seller is not legally responsible for these problems. Your best protection is a title search or title insurance.

Do lenders accept quitclaim deeds for financed home purchases?

Generally, no. Most mortgage lenders require a warranty deed to ensure clear title before approving loans. Quitclaim deeds are typically not acceptable for financed transactions.

Can a quitclaim deed fix a title issue after a sale?

Sometimes quitclaim deeds are used to clear up minor title issues between known parties, but they do not guarantee title. For serious title defects, legal action or title insurance is usually needed.

Is a title search required for a warranty deed?

Yes, a title search is standard practice before issuing a warranty deed to confirm the property has clear ownership and no liens.

Should I record my deed after purchase?

Recording your deed with the county property office is highly recommended to protect your ownership and provide public notice. It helps prevent future disputes over the property.

What’s the difference between a general warranty and special warranty deed?

A general warranty deed covers all past ownership periods, while a special warranty deed only covers the period the seller owned the property.