A deed is the document that transfers ownership of real estate. A deed includes the name of the buyer (grantee) and the name of the seller (grantor), and provides a legal description of the property. The deed must be signed by the grantor and notarized. A deed for real property must always be in writing and must in compliance with state laws. Therefore, it is important to have an experienced real estate attorney prepare and review the deed to ensure that it is properly drafted and executed.
There are many types of deeds, the most common being a warranty deed, also called a grant deed. A warranty deed transfers ownership and explicitly warrants to the buyer that the seller has clear title to the property. A warranty deed provides the highest level of protection to the buyer, because the seller must warrant that it has clear title with no liens or encumbrances other than those disclosed in the deed. The seller also warrants to defend against any undisclosed title defects.
Another common form of deed is the quitclaim deed. A quitclaim deed transfers whatever interest that the grantor owns in the property, but the grantor makes no promises about what its interest actually entails. The grantor’s interest in the property is transferred along with any existing title defects and encumbrances. Quitclaim deeds are most commonly used to clear up title problems, to transfer property between spouses after divorce, or in informal transactions between family and friends.