When property changes hands in Florida, the type of deed used matters as much as the transfer itself. Two of the most common—the warranty deed and the quitclaim deed—offer very different levels of protection to the person receiving the property.
The warranty deed
A warranty deed is the gold standard for buyers. In it, the seller (the “grantor”) guarantees that they own the property free of undisclosed liens or claims and promises to defend the title if a problem surfaces later. A general warranty deed backs the entire history of the property; a special warranty deed covers only the period the seller owned it. This is the deed used in most arm’s-length home sales.
The quitclaim deed
A quitclaim deed transfers whatever interest the grantor happens to have—with no guarantees at all. If it turns out the grantor owned nothing, the recipient gets nothing, and has no promise to fall back on. Quitclaim deeds are common between family members, in divorces, when moving a home into a living trust, or to clear up a title question.
Which one should you use?
As a rule of thumb: buying from someone you don’t know? Insist on a warranty deed. Transferring between family or into your own trust? A quitclaim is often fine. Either way, a title search and title insurance are smart protection. Because a deed permanently affects ownership, it is worth having an attorney prepare or review it.