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Which type of deed provides the greatest protection to the buyer in Texas?

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Question & Answer

Review the question and all answer choices

A

Quitclaim deed

A quitclaim deed offers minimal protection as it only transfers whatever interest the grantor currently has without any warranties or guarantees about the title. It essentially says 'I'm giving you whatever rights I have, if any.'

B

Special warranty deed

A special warranty deed only protects against defects that occurred during the grantor's ownership period, not those that existed before. It provides less protection than a general warranty deed.

C

General warranty deed

Correct Answer
D

Bargain and sale deed

A bargain and sale deed implies ownership but doesn't contain warranties about title defects. It only transfers whatever interest the grantor has, similar to a quitclaim deed but with an implied ownership interest.

Why is this correct?

A general warranty deed provides the greatest protection because it contains three covenants: seisin, right to convey, and against encumbrances, plus two covenants of warranty guaranteeing the title against all defects, whether they arose before or during the grantor's ownership period.

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