Real Estate Deeds In Texas
Buying or transferring real estate is a big deal. Whether you’re buying your first home in San Antonio or transferring land to a family member, the paperwork matters. At Dan Burke Law, we know that legal terms can be confusing. You might hear words like “warranty deed” and “quit claim deed” and wonder what the difference is.
This guide will explain exactly what you need to know about these deeds and how they protect you.
Quick Answer: What’s The Difference?
- Warranty deed — This is the safest option for buyers. It guarantees that the seller actually owns the property and has the legal right to sell it to you. It protects you from hidden issues like unpaid taxes or other claims on the property.
- Quit claim deed — This deed transfers ownership rights without offering any guarantees to the buyer. It simply passes whatever interest the current owner holds to the new owner, without promising that the property is free of debt or other claims. It is commonly used for transfers between family members rather than standard home sales.
What Does Warranty Deed Mean?
If you’re asking, “What does a warranty deed mean?” think of it as a promise. When a seller gives you a warranty deed, they’re legally promising that they own the home free and clear.
This document “warrants” (guarantees) that:
- The seller is the true owner.
- There are no secret liens or debts attached to the property.
- The seller will defend you if someone else later tries to claim the property.
In real estate, this is the “gold standard” for transferring ownership. It gives you peace of mind that the property is truly yours.
Warranty Deed vs. Quit Claim Deed
The battle between the warranty deed and the quit claim deed comes down to risk.
A warranty deed protects the buyer. If it turns out the seller didn’t own the land or owed money on it, you can sue them for breaking their promise.
A quit claim deed protects the seller. The seller makes no promises — they’re simply quitting their claim to the property. If you buy a house with a quit claim deed and find out later that the seller didn’t actually own it, you usually cannot sue them.
When To Use Them:
- Use a Warranty Deed when buying or selling a home with strangers.
- Use a Quit Claim Deed (carefully!) when fixing a spelling error on a title or transferring property between a husband and wife.
Is A Warranty Deed The Same As A Title?
This is a very common question: Is a warranty deed the same as a title? The short answer is no, they are different but related.
Think of it like buying a book:
- The Title is the concept of ownership. It means you have the legal right to own and use the book.
- The Deed is the physical receipt or document that proves you bought the book and that ownership was transferred to you.
You cannot hold a “title” in your hand — it’s a legal status. You can hold a “deed” in your hand. The warranty deed is the physical paper that proves you have the title.
Warranty Deed On Property
Having a warranty deed on property is essential for protecting your investment. Without one, you could be taking a huge risk.
Imagine buying a house, moving in and then a year later, the seller’s long-lost brother shows up claiming he actually owns 50% of the house. If you have a warranty deed, the seller is legally required to fix this problem for you. If you accepted a quit claim deed, that brother might legally own half your house, and there is little you can do about it.
How To Get A Warranty Deed
If you’re ready to buy or transfer land, you need to know how to get a warranty deed. You typically cannot download a form and fill it out yourself. Real estate laws are strict, and a small mistake can make the deed invalid.
Here Is The General Process:
- Hire a professional — Contact a real estate attorney or a title company. At Dan Burke Law, we ensure your documents are drafted correctly under Texas law.
- Title search — Your attorney or title officer will review the property’s history to ensure the seller actually owns it.
- Drafting and signing — The lawyer creates the deed, and the seller signs it in front of a notary.
- Recording — The deed is filed with the county clerk’s office. This makes the transfer official and public.
Do not gamble with your biggest asset. If you need help with a deed or have questions about your property rights, contact Dan Burke Law today to ensure your ownership is secure.
