There are many types of deeds. There are General Warranty Deeds, Special Warranty Deeds, Bargain and Sale Deeds, and Quitclaim deeds, just to name a few. So what is the difference?
The biggest difference is probably what the grantor is promising the grantee. While this may vary from state to state, a General Warranty Deed is a big promise from the grantor to the grantee about the real property being transferred — the status of the title.
Depending on the state, this type of deed makes the most promises about the quality and marketability of the title. That is why a General Warranty Deed will list exceptions to the title towards the end of the deed.
For example, there may be a phrase at the end of the deed like this:
“together with all appurtenances, subject to taxes for the current year and encumbrances of record.”
This is a short-hand way of saying, I will make certain promises, but property taxes are paid in arrears and there may be easements granted to the utility company or a homeowners association document may limit your rights or ??? recorded in the real property records, and it is up to you to see what is of record.
On the other end of the spectrum, there is the Quitclaim deed. Typically, a Quitclaim deed makes NO PROMISES about the status of the title. Properly drafted, a Quitclaim deed is saying I am giving you what I have, whatever that may be. No promises.
So, listing exceptions to title, like in a General Warranty Deed, may not really be necessary. However, some Quitclaim deeds still list the obvious exceptions.
Attention! We are not attorneys and we are not lawyers. We cannot represent customers, select legal forms, or give advice on rights or laws. The article provided is for information ONLY and is NOT a substitute for the advice of a lawyer.