What is the primary difference between a warranty deed and a quitclaim deed?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

The primary distinction between a warranty deed and a quitclaim deed revolves around the level of assurance provided regarding the property title. A warranty deed is designed to offer robust protection to the grantee by guaranteeing that the granter holds a valid and clear title to the property, free from any unknown defects or claims. This means the granter is legally responsible for defending the title against any future claims and ensuring that the property is transferrable without any encumbrances.

In contrast, a quitclaim deed does not offer any such guarantees. It merely transfers whatever interest the granter may have in the property at the time of the transfer, without any warranties or assurances about the quality or state of the title. This means if there are existing issues or claims against the property, the grantee would not have recourse against the granter.

This fundamental difference in the nature of the title assurance is critical in real property transactions and underscores the varying levels of risk involved when accepting different types of deeds.

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