In Illinois, which deed provides the greatest protection to the buyer?
Question & Answer
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Quitclaim deed
A quitclaim deed conveys only whatever interest the grantor currently has — if any — with absolutely no warranties, meaning the grantee has no legal recourse against the grantor if title defects are later discovered; it provides the least protection of all deed types.
Bargain and sale deed
A bargain and sale deed conveys the property but typically contains no warranties about title quality, offering the grantee little to no protection against title defects that may have existed before or during the grantor's ownership.
General warranty deed
Special warranty deed
A special warranty deed provides limited protection because the grantor only warrants against title defects arising during their own period of ownership, leaving the grantee unprotected against claims arising from any prior owner's actions.
Why is this correct?
A general warranty deed contains six traditional covenants — seisin, quiet enjoyment, right to convey, freedom from encumbrances, warranty, and further assurance — and the grantor promises to defend the grantee against title claims from all persons and all time periods, including defects created by prior owners before the grantor ever held title. This makes it the strongest deed protection available in Illinois and is the deed type most commonly used in arm's-length residential sales. Illinois courts have consistently upheld these warranty covenants as enforceable contractual promises that survive the closing.
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