When real estate changes hands, the type of deed used matters more than many buyers and sellers realize. Deeds define what ownership rights are being transferred and what legal protections come with them. In West Virginia, Ohio, and Pennsylvania, the most common deed types are quitclaim deeds, general warranty deeds, and special warranty deeds.

Understanding the differences between these deeds can help you avoid unexpected risks and ensure you receive the level of protection you expect when property is transferred.

Why the Type of Deed Matters

A deed is the legal document that transfers ownership of real estate from one party to another. While all deeds transfer interest in property, they do not all offer the same guarantees. Some deeds provide strong legal protection for buyers, while others offer little or none.

Choosing the wrong deed can expose a buyer to title issues, ownership disputes, or financial loss after closing.

What Is a Quitclaim Deed?

A quitclaim deed transfers whatever ownership interest the grantor has in the property, if any, without making any promises or guarantees.

Key characteristics of a quitclaim deed include:

• No guarantee that the grantor owns the property
• No protection against liens or title defects
• Transfers only the interest the grantor currently has

Quitclaim deeds are commonly used in non-sale situations, such as:

• Transferring property between family members
• Adding or removing a spouse after marriage or divorce
• Transferring property into a trust or business entity

Because quitclaim deeds offer no warranties, they are rarely recommended for traditional real estate purchases.

What Is a General Warranty Deed?

A general warranty deed provides the highest level of protection for the buyer. With this deed, the seller guarantees that they hold clear title to the property and that no undisclosed issues exist.

A general warranty deed typically includes assurances that:

• The seller legally owns the property
• The title is free from liens, claims, or encumbrances
• The seller will defend the buyer against future title claims

General warranty deeds are most commonly used in residential real estate sales and many commercial transactions. Buyers receiving a general warranty deed gain peace of mind knowing the seller is legally responsible for title issues that arise from both past and present ownership.

What Is a Special Warranty Deed?

A special warranty deed falls between a quitclaim deed and a general warranty deed. It provides limited protection by guaranteeing that no title issues occurred during the seller’s period of ownership.

With a special warranty deed:

• The seller guarantees only against defects that arose while they owned the property
• The seller does not guarantee against issues from prior owners

Special warranty deeds are commonly used in:

• Commercial real estate transactions
• Bank-owned or foreclosure sales
• Transfers involving estates or business entities

While safer than a quitclaim deed, a special warranty deed still leaves buyers exposed to older title defects.

Comparing Deed Types at a Glance

Quitclaim Deed

• No ownership guarantees
• High risk for buyers
• Best for family or internal transfers

General Warranty Deed

• Full ownership and title guarantees
• Strongest buyer protection
• Common in standard property sales

Special Warranty Deed

• Limited guarantees tied to seller’s ownership period
• Moderate buyer protection
• Often used in commercial or institutional sales

How Deed Choice Impacts Buyers and Sellers

The type of deed affects liability and risk for both parties. Sellers offering general warranty deeds assume greater responsibility for title issues. Buyers accepting quitclaim or special warranty deeds take on more risk and should conduct thorough title examinations and obtain title insurance.

In many cases, buyers do not realize which deed is being used until closing. Reviewing the deed in advance can prevent confusion and disputes later.

The Role of a Real Estate Attorney

A real estate attorney reviews deeds to ensure they align with the transaction and protect your interests. Attorneys help by:

• Explaining the legal impact of each deed type
• Confirming the correct deed is used
• Reviewing title history and identifying risks
• Ensuring proper recording with the county

This is especially important in commercial transactions, estate transfers, and non-traditional sales.

How Guida Law Offices Can Help

Guida Law Offices assists clients throughout West Virginia, Ohio, and Pennsylvania with deed preparation, review, and real estate closings. Whether you are buying, selling, or transferring property, our team ensures the correct deed is used and that your ownership rights are protected.

If you have questions about quitclaim deeds, general warranty deeds, or special warranty deeds, contact Guida Law Offices to discuss your transaction before closing.