Grant deeds and quitclaim deeds
Ask the LDA
February 5, 2022
Often a client will ask me to transfer a property and will ask about which deed is best. Since I am not an attorney and cannot give legal advice, I simply tell them what the differences are and let them decide. However, this information is only for general guidance. Consult an attorney if you are not sure.
Grant deeds and quitclaim deeds will give ownership of a piece of property to another person. However, the difference between the two is that a grant deed conveys the property interest the grantor has in the property, but also that the grantor actually owns the property and the new owner will not be liable for any unknown ownership claims. The new owner can be assured that the property he or she just purchased does actually contain a marketable title.
A quitclaim deed only conveys whatever interest the grantor may or may not have. There is no implied warranty contained in a quitclaim deed stating whether there may be unknown ownership claims and whether the grantor even owns the rights to the property conveyed.
A grant deed and quitclaim deed, regardless of which one is used, can be complicated to execute and you should consult a Legal Document Assistant before attempting to do one on your own. If you are selling a home here in California, a title company should handle the transfer of property to make sure the buyer is purchasing a property that actually belongs to you and you have a good and marketable title to the home that is being sold. If you are in a situation where you have bought a home that does not have marketable title, consult a real estate attorney right away.
Diana Wade is a Legal Document Assistant. She can be reached at (661) 821-0494 or firstname.lastname@example.org. Diana is not an attorney; she can only provide self-help services at your specific direction. Kern County LDA #185, ex 4/11/23.