There are four primary types of deeds and a few additional, specialized types in Florida. The four deeds are the General Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed. Except for the quitclaim deed, these deeds convey simple ownership of property. The Quit Claim Deed conveys all of the signer’s interest in a property, whether there is any interest or not.
The General Warranty Deed
The general warranty deed is the most commonly used in the sale of residential properties and is specified in most Florida real estate contracts. It legally transfers real property from one person to another and offers the greatest protection to the buyer by warranting that the seller is conveying a clear, legal title, free of any liens or other claims against the property.
The general warranty deed is not a contract of sale, it is the legal document that transfers the property to the buyer, completing the sale. Like all deeds, it must include the names, marital status and addresses of the seller and buyer, a legal description of the property. The deed must be signed in the presence of two witnesses and the grantor’s signature must be notarized. The deed is recorded in county records after execution.
The Special Warranty Deed
A special warranty deed is the same as the general warranty deed, except that the grantor only warrants any issues with the title that arose during the period of time that the grantor owned the property. Protection from any liens arising during prior ownership is not warranted.
The Fee Simple Deed
A fee simple deed is one of the most comprehensive real estate deeds in Florida. It offers no warranties or guarantees and provides little protection. The deed simply conveys title to the property. The buyer cannot look to the seller if there are any problems with the title.
The Quitclaim Deed
A quitclaim deed relinquishes any ownership interest held by the grantor to the grantee, rather than actually conveying a specific interest. The grantor need not have any interest in the property to execute a quitclaim deed since it is only used to clear up any title issues in the event the grantor has some interest in the property.. This deed is rarely used when a property is purchased for value.
Which Deed Should You Get?
If you are confused about where to start or which deed you might need, it is important to consult a real estate attorney to clarify which Florida real estate deed is right for you.
Richard S. Weinstein
A real estate attorney can help you with all of your real estate needs. Richard S. Weinstein is an experienced real estate attorney and title agent who can help you with your real estate transactions. Having legal representation makes good real estate business sense. A competent and experienced attorney will protect your interests.
With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.
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