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Five deeds, five very different promises

A deed isn't just a transfer — it's a warranty package. The words after the names decide what the seller stands behind, from 'everything, forever' to 'whatever I have, if anything.'

Last reviewed: July 2026

The market deeds

  • General warranty deed — the gold standard in Florida sales: the grantor warrants title against ALL defects, even ones predating their ownership. Standard in arm's-length residential deals.
  • Special warranty deed — warrants only against defects arising DURING the grantor's ownership. Standard from builders, banks (REO), and institutional sellers. Fine — but it shifts more weight onto your title insurance.
  • Quitclaim deed — no warranties at all: 'whatever interest I have, you now have.' Right tool for divorces, family transfers, and curative cleanups; wrong tool for purchases. Buying real property on a quitclaim from a stranger is a flashing red light.

The planning and estate deeds

  • Enhanced life estate deed ('Lady Bird') — a Florida specialty: owner keeps full control for life (sell, mortgage, revoke — no one's consent needed), property passes automatically at death outside probate. Powerful, homestead-compatible, and drafting-sensitive — attorney work, always.
  • Personal representative's deed — how estates convey: the PR transfers under probate authority, warranties limited to the estate's capacity. Its validity leans entirely on the court file behind it — which is what our examination verifies.

What deed type means for you

Buying: expect a general warranty deed in a standard resale; understand what you're accepting when a builder or bank offers special warranty; question quitclaims hard. Transferring within the family or into your trust or LLC: the deed choice carries tax, homestead, and liability consequences that deserve twenty minutes of legal advice before anyone signs — deed preparation is legal work in Florida, and the fifty-dollar internet deed that clouds your title is the most expensive document in this article.

Questions

Frequently asked

Does the deed type change my title insurance?

The policy insures your title regardless of deed flavor — but the deed's warranties determine your recourse against the SELLER alongside the policy. Special-warranty and quitclaim conveyances make your owner's policy proportionally more important.

Can I write my own quitclaim deed to move my house into my LLC?

You can — and you might create doc-stamp liability on the mortgage balance, jeopardize your title policy's continuation, trip your lender's due-on-sale clause, and mangle the legal description, all in one page. This is the classic penny-wise transfer. Get the twenty minutes of advice.

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