Types of Deeds: Warranty, Bargain and Sale, Quitclaim

General warranty deed

The seller promises that the title is clear and agrees to defend it against claims, going back through the whole history of the property. It offers the strongest protection to the buyer and is common in traditional sales in many states.

Because the promises are broad, sellers sometimes prefer a narrower form.

Special warranty or bargain and sale

A special warranty deed promises only that the seller did nothing to harm the title during their own ownership. A bargain and sale deed implies the seller owns the property but makes fewer promises. Some versions add a covenant against the grantor's acts.

Forms and names vary by state, so rely on the title company's choice for your deal.

Quitclaim deed

A quitclaim transfers whatever interest the person has, if any, without promising anything about it. It is used between family members, to clear up name issues, to add or remove an owner, or to release a claim.

Because it offers no promises, buyers from strangers rarely accept one without title insurance and careful review.

Other deeds you might meet

Deeds can also be executor's deeds, trustee's deeds, deeds in lieu of foreclosure or gift deeds. Each is tied to a role or event. A trustee signing for a trust, for example, signs in a representative capacity.

The deed form follows the facts, so the right one depends on the situation.

What every deed needs

Most deeds need the names of the parties, a legal description of the property, words of transfer and the signature of the person giving up the property. Acknowledgment before a notary is normally required for recording. The notary does not read the deed, choose its type or confirm its legal effect.

Ask an attorney before signing a deed, especially a gift deed, which can affect taxes, benefits and mortgage terms.

Example situations and why the acknowledgment looks the same

A seller who lived in a home for thirty years may give a general warranty deed to a buyer who wants strong protection. A bank selling a foreclosed property may only offer a deed that promises it did nothing to damage the title. A parent adding an adult child to the title may use a quitclaim.

Each choice has trade-offs for the person receiving the property, so have an attorney explain them before signing.

Whatever the deed type, the notary's certificate is generally the same. The notary confirms the signer's identity and that the signer acknowledged signing the deed. The certificate does not say anything about the title or what the deed promises. That is why a notary can notarize all of them without reading or advising on content.

Names for deeds vary from state to state. A form called a grant deed in one place may be similar to a bargain and sale deed in another. Do not rely on a name alone. Ask the person preparing the deed to explain, in plain language, what promises the form makes and what it leaves out, and request that explanation in writing.

Common questions

More notary guides

• Before Your Notary Appointment: What to Prepare by Document
• Acknowledgment vs Jurat: How the Two Acts Compare
• Vehicle Title Transfer in a Private Sale: Notary Role

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.