Not all deeds are created equal. Understanding the differences between general warranty, special warranty, quitclaim, and bargain and sale deeds is essential for any real estate professional.
Why the Type of Deed Matters
Most buyers don't think much about the deed until they're signing it at the closing table. But the type of deed you receive — and what it does or doesn't promise about title — matters for your ownership.
Here's a plain-English explanation of the main deed types you'll encounter in Virginia, Maryland, and DC real estate transactions.
| Deed Type | Seller Warranty | Common In | Risk to Buyer |
|---|---|---|---|
| General Warranty Deed | Full history — seller warrants against ALL prior claims | Standard residential purchases | ✅ Lowest risk |
| Special Warranty Deed | Only seller's ownership period | Estate sales, REO/bank sales, new construction | ⚠️ Moderate — older history unwarrantied |
| Quitclaim Deed | None — conveys whatever interest seller has | Family transfers, divorce, trust transfers | ⚠️ High if used in arm's-length sale |
| Trustee's Deed | Limited — trustee warrants only against their own acts | Trust sales, REITs, commercial | ⚠️ Similar to special warranty |
The General Warranty Deed
The gold standard. When you receive a general warranty deed, the seller is making the broadest possible promises about the title.
ℹ️ What a General Warranty Deed Guarantees
1. The seller actually owns the property and has the right to convey it. 2. The buyer will have peaceful possession without interference from prior owners. 3. The title is free from encumbrances except those specifically listed. 4. If any title claim arises from ANY point in the property's history, the seller is legally obligated to defend and indemnify the buyer.
When you see it: Standard residential purchases from individual sellers.
The Special Warranty Deed
The special warranty deed makes narrower promises. The seller warrants that they personally didn't encumber the title during their ownership — but they're not responsible for anything that happened before they owned it.
💡 When You'll Receive a Special Warranty Deed
• Estate sales — the executor won't accept liability for historical title issues they had no control over. • Bank-owned (REO) properties — lenders acquired via foreclosure and won't warrant prior history. • Developer/builder sales — builders typically warrant only their own period of ownership. Practical implication: always buy owner's title insurance when receiving a special warranty deed.
The practical implication: A special warranty deed puts more weight on title insurance, because the seller's warranty doesn't extend backward through the chain of title.
The Quitclaim Deed
The quitclaim deed conveys whatever interest the grantor has — and makes zero promises about what that interest actually is.
ℹ️ When Quitclaim Deeds Are Appropriate
✅ Appropriate: Transfers between family members, divorce settlements (one spouse quits claim to the other), resolving a minor title defect, moving property into or out of a living trust. ❌ Not appropriate: Arm's-length sales between strangers. A quitclaim deed in a standard home purchase is a red flag — it offers zero protection against prior title issues.
What quitclaims are NOT appropriate for: Arm's-length sales. If someone is trying to sell you a property via quitclaim deed, that's a red flag.
Trustee's Deed
When a property held in trust is sold, the trustee conveys title via a trustee's deed. The warranty in a trustee's deed depends on the specific language — it's often a special warranty or limited warranty.
When you see it: Estate planning trust sales, REITs, some commercial transactions.
Deed of Trust vs. Deed
Important distinction: a deed conveys ownership. A deed of trust is a security document that creates your lender's lien on the property.
ℹ️ Deed vs Deed of Trust: Two Different Things
When you buy a home with a mortgage in Virginia, you sign TWO documents at closing: (1) A deed — this conveys ownership from the seller to you. (2) A deed of trust — this gives your lender a security interest in the property until the loan is paid off. You own the property. The lender holds a lien. When the loan is paid in full, the lender records a deed of release to extinguish the lien.
You own the property. The lender has a lien until the loan is paid off.
What This Means at Closing
If you're buying an REO or estate property and the deed is a special warranty deed, that's not unusual — but it reinforces why you want owner's title insurance. The seller's warranty doesn't cover the full history; your insurance does.
Questions about what deed you're receiving? Ask your title company before closing. We'll explain exactly what you're signing and what it means.
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Pruitt Title serves buyers, sellers, and lenders across Virginia, Maryland, and Washington, DC. We make closing simple.
