20+ Difference Between Quitclaim Deed And Warranty Deed

Transfer of property and acquiring new property while expecting some or the other kind of benefit associated with such actions have always interested us as individuals in corporate dealing.

However, it becomes extremely difficult when one does not know the particular meanings associated with the related terms in the field. Thus, in the instant article, our endeavor is to differentiate between the two terms in relation to a quitclaim deed and a warranty deed.

This comparison would ultimately help us grow as experienced individuals, aside from also helping us make an informed decision when it comes to playing such roles.

Table of Contents

Comparison Between Quitclaim Deed and Warranty Deed

Particulars	Quitclaim Deed	Warranty Deed
Transfer of Interest	As a quitclaim deed merely serves to convey the grantor’s interest, it does not necessarily generate any guarantees that are specifically linked to the titles of the specific real estate in issue.	In addition to establishing the rights related to the construction of that specific real estate, a warranty deed specifically lends force to the particular warranties that are related to the title of the particular real estate that is in question.
Creation of Warranty	Any guarantees related to the titles of the specific real estate in question are not always created by a quitclaim deed.	The specific guarantees attached to the title of the specific real estate in issue are given force by a warranty deed.
Protection to Grantee	In contrast to a warranty deed, a quitclaim deed does not provide any kind of protection to any grantee that may have resulted from the specific deed in issue.	In contrast to a quitclaim deed, a warranty deed provides protection to the specific grantee who may be connected to the specific transaction that is in dispute.
Ease of Implementation	In contrast to a warranty deed, a quitclaim deed is seen to be of a more straightforward character for the purposes of enactment and execution.	In comparison to a quitclaim deed, a warranty deed is thought to be less straightforward in terms of legislation and execution.
Common Use	A quitclaim deed is frequently used when transferring property between members of a family or close acquaintance.	A warranty deed is frequently used in the broadest meaning, that is, the usage that is connected with professional parties.
Legal Action	A quitclaim deed does not offer the buyer any legal recourse that could be accessible to him or her in the event of the specific issues that may arise under such a form of deed.	In the event that the buyer has any form of uncertainty following the specific transfer of property under such a type of deed, a warranty deed gives the buyer the opportunity to sue the seller.

Contrast Between Quitclaim Deed and Warranty Deed

What exactly is quitclaim deed in relation to?

The structure in relation to the idea of a quitclaim deed refers to a kind of deed that facilitates the role of transfer of property, wherein the deed only provides the rights associated with the particular property that is in question rather than its legal title.

What exactly is warranty deed in relation to?

The structure in relation to the idea of a warranty deed refers to a kind of deed that facilitates the role of transfer of property, wherein the deed provides both the rights associated with the particular property that is in question as well as the legal title in relation to such property.

Major Differences Between Quitclaim Deed and Warranty Deed

Transfer of Interest

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed does not necessarily create any warranties that are particularly associated with the titles of the particular real estate that is in question.

This is particularly because of the reasoning that the structure in relation to the idea of a quitclaim deed only plays the role of transferring the grantor’s interest.

Warranty Deed: The structure in relation to the idea of a warranty deed particularly gives force to the particular warranties associated with the title of the particular real estate in question.

Moreover, the structure in relation to the idea of a warranty deed also plays the role of granting the particular rights associated with the structure of that particular real estate in question.

Creation of Warranty

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed does not necessarily create any warranties that are particularly associated with the titles of the particular real estate that is in question, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a warranty deed.

Warranty Deed: The structure in relation to the idea of a warranty deed particularly gives force to the particular warranties that are associated with the title of the particular real estate that is in question, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a quitclaim deed.

Protection to Grantee

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed does not offer any protection to any kind of grantee that may have arisen out of the particular deed that is in question, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a warranty deed.

This particularly translates into the fact that in case the property in question has any kind of defects or claims associated with it, the grantee will lack any kind of legal options that he/she may take against the grantor.

Warranty Deed: The structure in relation to the idea of a warranty deed offers protection to the particular grantee who may be associated with the particular deed that is in question, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a quitclaim deed.

This particularly translates into the fact that in case the property in question has any defects or claims associated with it, the grantee will have the option to exercise his/her legal right to sue the grantor due to such informalities.

Ease of Implementation

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed is considered to be comparatively of a simpler nature for the purpose of enactment and implementation, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a warranty deed.

Thus, this is why the structure in relation to the idea of a quitclaim deed is considered to be more popular and widely used.

Warranty Deed: The structure in relation to the idea of a warranty deed is considered to be comparatively of a less simple nature for the purpose of enactment and implementation, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a quitclaim deed.

This is because these deeds have several requirements to be fulfilled before they are put to use and are thus considered rather cumbersome.

Common Use

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed is at often times used in the particular context of the transfer of property between individuals who may be friends or family, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a warranty deed.

Warranty Deed: The structure in relation to the idea of a warranty deed is at often times used in the particular context of the use that is associated with professional parties in the most general sense of understanding, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a quitclaim deed.

Legal Action

Quitclaim Deed: The structure in relation to the idea of a quitclaim deed does not provide any legal action that may be available to the buyer in case of the particular uncertainties that may be faced by him/her under such a type of deed, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a warranty deed.

Warranty Deed: The structure in relation to the idea of a warranty deed provides an option to the buyer to sue the seller in case of any uncertainties that were faced by him/her after the particular transfer of property under such a type of deed, unlike that of the situation that is particularly posed in the context of the structure in relation to the idea of a quitclaim deed.

Frequently Asked Questions (FAQs)

What is the key difference that exists between the two structures in relation to a quitclaim deed and a warranty deed, respectively?

The most primary difference that exists between the two structures in relation to a quitclaim deed and a warranty deed is with regard to the factor of legal protection.

While the structure in relation to the idea of a warranty deed provides a safe space for a buyer to be able to sue the seller in case of any informalities in the transfer of property, a quitclaim deed, in this context, does not.

In what circumstances should the structure of a quitclaim deed be referred to for use?

The structure in relation to the idea of a quitclaim deed can particularly be referred to for use when it comes to establishing relationships with regard to the particular transfer of property between individuals who may be considered to be close friends or family.

Which type of deed is the safest option for the purpose of a transfer of property, a quitclaim deed or a warranty deed?

Since the structure of a quitclaim deed lacks certain protections and promises that are otherwise found in other types of deeds, opting for such a deed will not be the best option, especially if the transfer of property is not amongst close family members and friends who you can trust. Thus, a warranty deed would be the safest option in the instant context.