Florida Deeds Explained: Warranty, Special Warranty, Statutory & Quitclaim

In Florida Real Estate, when property changes hands in Florida, the deed is more than paperwork — it’s the legal instrument that transfers ownership and outlines the protections a buyer receives in a Fort Lauderdale Real Estate Closing. But not all deeds offer the same level of protection. Some guarantee clear title going back decades, while others provide no warranties at all.

If you’re buying or selling property in Fort Lauderdale or anywhere in Broward County, understanding these differences can help you avoid disputes, unexpected liens, and costly complications in the future.

Below is a clear explanation of the four major deed types in Florida and practical guidance on when you may need a real estate attorney to review your documents.

1. General Warranty Deed: Maximum Protection for Buyers

A General Warranty Deed offers the highest level of protection for buyers. The seller guarantees that the title is clear and free of defects — not only during their time of ownership but throughout the property’s entire chain of title.

The Seller Promises:

• They own the property outright.
• There are no undisclosed liens or encumbrances.
• No one else has a superior claim to the property.
• They will defend the buyer against any title claim, even if it began before they owned the property.

Fort Lauderdale Example

A family buys a home in Victoria Park. Several years later, a contractor appears claiming an unpaid lien from the early 2000s. With a General Warranty Deed, the seller — not the buyer — must defend against that claim.

Best For:

• Traditional home purchases
• Buyers seeking full title protection
• Transactions involving mortgage lenders (who typically require this deed type)

2. Special Warranty Deed: Limited Protection for Buyers

A Special Warranty Deed provides more limited protection. The seller only guarantees that no title defects occurred during their period of ownership. They make no promises about issues created by previous owners.

The Seller Promises:

• No title defects occurred while they owned the property.
• They did not cause any encumbrances or claims.
• They are not responsible for older title problems.

Fort Lauderdale Example

A developer sells a new townhouse in Flagler Village. They guarantee they didn’t create any title problems while assembling or developing the land but will not take responsibility for issues that may have existed decades earlier.

Best For:

• New construction sales
• Investment and commercial properties
• REO and bank-owned properties

3. Statutory Warranty Deed: A Middle-Ground Option in Florida

Florida allows a simplified deed form where certain seller warranties are implied by statute. This Statutory Warranty Deed offers more protection than a quitclaim deed but fewer lifetime guarantees than a full General Warranty Deed.

Implied Promises Include:

• The seller has not previously conveyed the property to someone else.
• The property is free of undisclosed encumbrances.
• The seller legally owns the property and has the right to convey it.

Fort Lauderdale Example

An investor resells a renovated duplex in Wilton Manors. They want to provide buyers with reasonable assurances but not assume long-term liability. A statutory warranty deed offers a balanced solution.

Best For:

• Investor sales
• Properties with some title complexity
• Moderate-risk real estate transactions

4. Quitclaim Deed: No Guarantees or Warranties

A Quitclaim Deed transfers whatever interest the seller may have in the property — if any. It offers no warranties regarding liens, ownership status, or title quality.

This deed is almost never appropriate for traditional property sales.

Common Uses:

• Transfers between family members
• Adding or removing a spouse after marriage or divorce
• Transferring property into a trust or LLC
• Correcting errors in previous deeds

Fort Lauderdale Examples:

• A homeowner in Harbor Beach transfers their home into a trust.
• A divorcing couple in Lauderdale-by-the-Sea updates deed ownership.
• A title company corrects a misspelling from an old deed.

High Risk: Buyers should not purchase property using a quitclaim deed without attorney review, as title problems often go undiscovered until it’s too late.

Which Deed Should You Choose? Practical Broward County Guidance

• If you’re buying: A General Warranty Deed offers the strongest protection.
• If you’re selling: A Special Warranty or Statutory Warranty Deed may limit your exposure.
• If you’re transferring property within a family: A Quitclaim Deed is often appropriate.

If you are unsure which deed fits your situation, having a real estate attorney review the documents is the safest decision.

Common Title Issues in Fort Lauderdale

Broward County frequently experiences title complications, including:

• Old contractor liens from unpermitted renovations
• Boundary issues stemming from outdated neighborhood surveys
• Clouded titles involving dissolved associations
• Ownership disputes involving inherited or probate properties
• Paid-off mortgages that were never correctly released

The deed you choose determines who bears responsibility if these issues later surface.

Why Work With a Fort Lauderdale Real Estate Attorney?

Deeds may look simple, but one wrong phrase can create years of legal and financial exposure. At Hughes Real Estate Law, we help buyers and sellers avoid preventable title problems by providing:

• Professional deed review and explanation
• Comprehensive title issue identification
• Accurate deed drafting for your specific transaction
• Resolution of liens, encumbrances, and boundary disputes
• Representation in Fort Lauderdale real estate conflicts

A short conversation with an attorney can save you from a long-term legal headache.

Need a Deed Reviewed or a Title Issue Resolved?

If you’re closing on a home, transferring ownership, or dealing with a title problem, our firm can help you move forward with clarity and confidence.

📍 Hughes Real Estate Law
Fort Lauderdale, FL
📞 (954) 767-9662
🌐 jhugheslegal.com

About Attorney Joseph Hughes

Joseph Hughes is an experienced Fort Lauderdale real estate attorney known for his practical solutions and strategic guidance in complex property matters. With extensive experience in residential and commercial transactions, title disputes, landlord–tenan