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REAL ESTATE
A well respected Winter Park
attorney, Frank Pohl
practices in the area of real
estate
His column covers
a wide range of topics that
can help you better
understand and avoid
potential legal issues related
to buying, selling, and owning
a home.
If you have questions or
topics pertaining to the legal
aspects
residential real
estate that you would like to
see addressed in this column,
send them to Frank do:
This Article is not a
substitute for hiring an
independentattorney to
prepareand review
real
estate contract.
CONTRACTS 101-WARRANTY
QUITCLAIM DEEDS
Clients often ask me to prepare a deed outside of a purchase and sale transaction,
which typically consists of a transfer from one or two individuals to another
individual or legal entity. The context varies from that of a gift, to that of a
transfer by a shareholder to his privately owned corporation. The client often
requests that the deed be in the format of a quitclaim deed, even though, as
explained below, a warranty deed may be more appropriate. This article
out some of the differences and benefits of these two types of deeds, w
oints
ile
detailing the parameters of the Special Warranty Deed that is also used in
conveying real estate in Florida.
The three primary forms of deeds used in Florida are the Warranty Deed, the
Special Warranty Deed, and the Quitclaim Deed. The Warranty Deed and
Special Warranty Deed provide substantive covenants of ownership, while
the Quitclaim Deed provides no covenants of ownership, and only conveys
the interests that the Grantor (the person conveying the property) has in the
property. The Grantee (the person to whom the property is being deeded) of a
Quitclaim Deed will generally have no recourse against the Grantor, when
confronted with any challenges as to the ownership of the pr