Which deed is most commonly used in Florida residential transactions?
Question & Answer
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Quitclaim deed
Quitclaim deeds convey only whatever interest the grantor currently holds — with no warranties whatsoever — making them unsuitable for most Florida residential sales where buyers and lenders require title guarantees; quitclaims are typically used for transfers between family members, correcting title defects, or adding/removing spouses from title.
General warranty deed
Special warranty deed
Special warranty deeds, while used in some Florida commercial transactions and REO (bank-owned) sales, only warrant title against defects arising during the grantor's period of ownership, providing less protection than a general warranty deed and therefore not the standard choice for typical Florida residential transactions.
Bargain and sale deed
Bargain and sale deeds imply that the grantor holds title but contain no express warranties, making them uncommon in Florida residential transactions; they are more frequently associated with tax sales or foreclosure conveyances in other states.
Why is this correct?
In Florida residential transactions, general warranty deeds are the standard instrument of conveyance because they provide buyers with the strongest title guarantee, with the seller covenanting to defend the buyer's title against all claims arising from any point in the property's history, as governed by Florida Statutes § 689.02. Lenders and title insurers in Florida prefer general warranty deeds because the seller's broad warranty reduces the risk of undisclosed title defects, making the transaction more secure for all parties involved.
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