Posted on Friday, July 15th, 2022

a scale house on some forms for a deed to conceptualize on the financial investmentBuying and selling a home in Florida requires the use of a deed to transfer the property from one owner to the other. In most situations, it is the seller who is required to prepare the deed that is to be signed at closing.

Florida has multiple types of deeds in real estate which can cause confusion for a home seller.

The fact is dealing with the different types of deeds is something that most homeowners will only encounter a few times in their lives. An attorney can be of help, and having Nishad Khan P.L., a real estate attorney Orlando, gives buyers access to a lawyer who knows which deed to employ and make the closing a smooth one.

Types of Deeds in Florida

Florida has multiple types of deeds that are used for various types of real estate transactions. The most common ones are the general warranty deed and the special warranty deed. Orlando real estate attorneys typically use these two the most, but the other types of deeds are sometimes used depending on the sale’s circumstances.

General Warranty Deed

The general warranty deed is used in a majority of real estate transactions in Florida. The deed contains several covenants of title made by the owner when conveying the property, such as: 1) the promise that the owner is the true owner that has legal possession of the property, also known as the covenant of seisin; 2) the promise that the owner has the authority to convey the property, also known as the covenant of the right to convey; 3) the promise that the property is free and clear of any liens or encumbrances, also known as the covenant against encumbrances; 4) the promise that the grantee will maintain the property’s ownership free from any future claims of third parties, also known as the covenant of quiet enjoyment; 5) the promise that the owner will defend the property from any claims of ownership by any third parties, also known as the covenant of warranty; and 6) the promise that the owner will continue to take steps to correct any issues to title, also known as the covenant of further assurances.

Special Warranty Deed

This deed also has the same covenants of title offered in the general warranty deed but only provides a warranty for the period the current owner occupied the property. It does not provide a warranty for previous owners and will not guard against a defect or claim against the property that arose in earlier ownerships.

Quitclaim Deed

The quitclaim deed is a transfer of ownership without any covenants. In other words, a quitclaim deed states that the current owner is essentially conveying any right, claim or interest the owner has in the property. Quitclaim deeds provide grantees with the least amount of protection. Quitclaim deeds may be used to correct legal description errors, to transfer property among family members, or to cure other minor title defects.

Life Estate Deed

A life estate deed transfers property ownership to one or more persons for the entirety of their natural life or lives. The property then transfers to another person known as a remainderman the passing of the life estate tenant(s) named in the life estate deed.

Personal Representative Deed

The personal representative deed is used when a personal representative of a decedent’s estate engages in the transfer of the property to an heir or a buyer.

Contact a Real Estate Attorney Today

It is important to use the right deed based on the circumstances surrounding the conveyance of that certain real property. It is a fact that you can do this on your own, but you put yourself at risk of making a mistake that can jeopardize the sale and transfer of the property, or that can jeopardize the sale and transfer of the property later in the chain of title. Getting help from Orlando real estate attorneys ensures that the transfer goes smoothly and is done correctly.

Nishad Khan P.L. is a real estate attorney Orlando who can help you draw up the correct deed for selling your property. He can also provide you with legal support for your real estate transaction from start to finish. You get peace of mind knowing that you walk away from the sale for good and not have to worry about an unknown issue that may come up and cause headaches later.