If you are looking at real estate in NC, there are 3 basic types of deeds you may come across. Knowing the difference between each, at least enough to understand what they mean, could save you some confusion down the road. In this entry into the “Terms Tips and Tricks” of real estate blog series we are going to try and give you that base line knowledge.
General Warranty Deed
This is the type of deed that provides the most protection and assurance to all parties. This deed, basically promises from the seller to the buyer that they would be receiving clear ownership of the property. This type of deed doesn’t necessarily mean there will be no problems, but it should indicate that the deed is initially clear of known issues.
Special Warranty Deed
This deed may also be referred to as a Limited Warranty Deed. The deed is similar to the General Warranty Deed above, but only includes what has occurred during the period the current owners have had possession of the property. In all cases a thorough title search is needed, but this would certainly be the case for this situation.
This type of deed offers no protection for the buyers. Think of this like an “As Is” clause in regards to the deed. There may be issues with previous owners and heirs. You may also see this deed associated with divorce and bankruptcy situations. Its always important to have a great attorney on your team of professionals but this is especially true when a Quitclaim deed is part of the process.
Attorneys are worth their price…
With any of these deeds or any type of real estate transaction, its critically important to keep your attorney close to your side when walking the real estate journey. They are the professionals who know the intricacies and intimate details of the law and aspects of real estate. I also highly recommend that you look into title insurance on all properties purchased. This will insure you are covered.
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