A warranty deed transfers the land and promises the buyer that the title is good. A quitclaim deed transfers only whatever interest the signer happens to have and promises nothing. Both move ownership. The difference is who carries the risk if a title problem shows up later: with a warranty deed it is the seller, with a quitclaim it is the person who received the deed.
In between sits the special warranty deed, where the seller stands behind the title only for the time they owned the land.
If you are selling vacant land to someone outside your family, you will almost always be asked for one of the warranty-type deeds. Here is what that means for you.
Side by side
| General warranty deed | Special (limited) warranty deed | Quitclaim deed | |
|---|---|---|---|
| What is promised | Title is good, against claims from any period | Title is good against claims that arose while the seller owned it | Nothing |
| Who it protects | Buyer, fully | Buyer, partly | Mostly the signer |
| Typical use | Sales between unrelated parties | Sales by estates, trustees, lenders, builders, investors, and ordinary sales in some states | Family, divorce, heirs, releasing an old claim |
| Title insurance | Routine | Routine | Possible, but the insurer will ask more questions |
| Buyer acceptance | Highest | High, when paired with title insurance | Low from strangers |
| Seller's exposure after closing | Highest | Limited to their own period of ownership | Lowest |
General warranty deed
This is the full promise. The traditional covenants are that the seller actually owns the land, has the right to convey it, that it is free of encumbrances other than those listed in the deed, that the buyer will not be disturbed by someone with a better claim, and that the seller will defend the title if someone does make a claim.
The promise reaches back before the seller's own ownership. If a problem from 1970 surfaces, a seller who gave a general warranty deed in 2026 is the one on the hook to the buyer.
State statutes often spell this out. Michigan's statutory warranty deed, for example, uses the words 'conveys and warrants' and the statute reads the covenants into those words.
Special or limited warranty deed
Here the seller warrants only against claims arising 'by, through or under' the seller. In plain terms: I did nothing to damage this title while I owned it, and I make no promise about what happened before me.
It goes by different names. Special warranty deed and limited warranty deed are the common ones.
It is the usual deed from sellers who never lived with the property's history: executors and administrators, trustees, banks selling foreclosed land, builders and investors. In some states it is also customary in everyday sales.
Quitclaim deed
No covenants at all. If the signer owns the land, the buyer gets it. If the signer owns nothing, the buyer gets nothing and generally cannot go back to the signer under the deed.
That is fine when the point is to release a claim or move land inside a family. The full picture, including steps and tax points, is in what a quitclaim deed is and how it works.
State names that do not match the textbook
Deed names are set by state law and local custom, so the label on your deed may not be any of the three above.
- California uses the grant deed for most sales. Under the Civil Code, using the word 'grant' implies two promises: the seller has not already conveyed the same property to someone else, and the property is free of encumbrances made or suffered by the seller. That is close in spirit to a special warranty, since it covers the seller's own acts.
- Texas has a deed without warranty. It conveys the property itself but with no promises about title. Texas practitioners treat it as different from a quitclaim, which conveys only the grantor's interest, whatever that is. Texas courts have also treated a quitclaim as notice to the buyer that other claims may exist. A 2021 change to the Property Code limits that effect once a quitclaim has been on record four years.
- Michigan has statutory short forms for both the warranty deed and the quit claim deed.
Do not assume a deed carries a particular promise because of its title. The wording and the state statute decide that. Ask the title company or an attorney in the state where the land sits.
Which deed a land seller is normally asked to give
In an arm's-length sale, expect to be asked for a general warranty deed, a special warranty deed, or your state's equivalent such as a California grant deed. Which one depends mostly on local custom and on who you are.
- You have owned the land for years in your own name: usually a general warranty deed, or the special warranty or grant deed where that is the local norm.
- You are an executor, administrator or trustee: usually a special warranty deed or a fiduciary-type deed, because you cannot vouch for the decades before you. If you are selling out of an estate, see selling probate land.
- You inherited or were gifted the land and know little about its past: it is reasonable to ask for a special warranty deed. Many buyers accept that when a title policy is being issued.
Why buyers will not take a quitclaim from a stranger: they would be paying real money with no promise the seller owns anything. A buyer who offers to take a quitclaim is either pricing in that risk or planning to do their own title work.
The deed type is a negotiated term. It belongs in the purchase agreement, not in a surprise at the closing table. See what else goes in a contract to sell land.
What it means for your liability after closing
A warranty deed is a promise that outlives the closing. If the buyer later loses the land or has to pay off a claim that your deed warranted against, they can come back to you. With a general warranty deed that includes problems you never knew about.
In practice, three things keep this from being as alarming as it sounds:
- Title insurance sits in front of you. When the buyer has an owner's policy, their first call for a covered title problem is the insurer. Be aware that an insurer that pays a claim may be able to step into the buyer's shoes and pursue the seller on the deed's warranties, so insurance lowers your risk without erasing it.
- Exceptions are written into the deed. Recorded easements, restrictions and other known matters are normally listed as exceptions, so you are not warranting against them.
- A special warranty deed narrows the promise to your own time as owner.
What a warranty deed does not let you do is hand over a problem you know about. Unpaid liens and back taxes get paid at closing or disclosed. More on that in selling land with back taxes or liens.
If you are being asked to sign a general warranty deed on land you inherited and have never seen, it is fair to ask an attorney whether a special warranty deed is the better fit.
Which deed a cash land buyer or title company uses
A cash buyer who closes through a title company or closing attorney normally takes a warranty-type deed, prepared by that office in the form the state and county require. You do not draft it. You review it, sign it in front of a notary, and the closing office records it. The deed is one line on the list of paperwork to sell land, and the preparation and recording charges show up with the other closing costs when selling land.
Some investors buy very low-value parcels by quitclaim with no title company involved. That can be legitimate, and it is cheaper, but it leaves both sides with less protection: the buyer has no insured title and the seller has no neutral party confirming that the deed was recorded and the money was handled properly. Ask any buyer which deed they use and who is closing the sale. Our process is laid out in how it works.
How the deeds in your own chain of title affect a sale
The deed you give is one question. The deeds that brought the land to you are another.
A title examiner reads the whole chain. Warranty deeds from one arm's-length sale to the next are the easy case. A quitclaim, a deed with no consideration, or a deed from an estate does not make the title bad, but it leads to questions about who signed, why, and whether everyone with an interest was included.
What that means for you:
- If you took title by warranty deed with a title policy, keep the policy. It is the simplest proof that someone already checked the chain.
- If you took title by quitclaim, have the supporting papers ready: the divorce decree, death certificate, probate order, or the prior deed.
- If the last deed is still in a deceased relative's name, the deed type is not the problem. The estate is. That gets solved through probate or whatever procedure your state allows for small estates.
- You can only warrant what you can stand behind. If your own chain is thin, a special warranty deed plus a title policy for the buyer is often where the deal lands.
If the property is in Illinois, the quitclaim deed in Illinois guide covers the statutory form, county recording fees and the transfer tax exemptions.
If the quitclaim is part of a divorce, quitclaim deed for divorce explains why the deed moves ownership but leaves the mortgage exactly where it was. (Insert after the bullet 'If you took title by quitclaim, have the supporting papers ready...' in articles_content/cmd-21-quitclaim-deed-vs-warranty-deed.md.)
The bottom line
A general warranty deed promises good title for all time, a special warranty deed promises it for your period of ownership, and a quitclaim promises nothing. Family transfers and claim releases use quitclaims. Sales to unrelated buyers use warranty-type deeds, usually with title insurance behind them.
As a seller, know which deed the contract calls for before you sign it, and ask an attorney in the property's state if you are unsure what you would be promising. If you would rather have a title company handle the deed and the closing, get a cash offer. We respond within 24 hours, pay the closing costs, and charge no fees or commissions.
This guide is general information, not legal advice. Deed, tax and recording rules change and differ by county, so confirm the details with your county recorder or an attorney before you sign or file anything.