Warranty vs Special Warranty vs Quitclaim Deed in Texas
A general warranty deed promises clear title against all claims, including those that arose before the seller owned the property. A special warranty deed promises only that the seller did nothing to harm title during their ownership. A quitclaim deed transfers whatever interest the seller has, with no promise that any interest exists. All Texas deeds must be in writing, signed and acknowledged before a notary to be recorded.
Side by side
| Deed | What the grantor promises | Typical use |
|---|---|---|
| General warranty | Good title against all claims, from the beginning of the chain of title | Residential sales, family transfers where buyers want full protection |
| Special warranty | No title problems arose during the grantor's ownership | Commercial deals, entity sellers, many investor sales |
| Quitclaim | Nothing. The grantor transfers whatever interest they may have. | Clearing title clouds, transfers between related parties, correcting records |
How warranty works in practice
With a warranty deed, a buyer who loses title to a prior defect can sue the seller for breach of the warranty. In practice, buyers rely mostly on their title insurance policy, which pays for covered defects. A special warranty deed with title insurance is common in commercial and investor deals. Check how your title company treats each type, and whether your lender requires a particular form.
Formal requirements
- A written conveyance signed by the grantor.
- A description of the property sufficient to identify it, ideally a full legal description.
- A grantee named clearly.
- Acknowledgment before a notary so it can be recorded in the county records.
- Delivery and acceptance.
- Recording in the county where the property is located to protect against later purchasers.
Texas has no state transfer tax and does not require the sale price to be stated in the deed.
Mistakes to avoid
- Using a quitclaim deed in a sale where the buyer expects warranties.
- Using a form from another state, which may omit Texas requirements such as homestead language or the right wording of reservations.
- Not recording, or recording in the wrong county.
- Forgetting that a spouse may need to join the deed if the property is a homestead.
- Leaving out the mineral reservation language if minerals are being kept. See severed mineral rights.
Which one to use
Residential sellers commonly use a general warranty deed, and commercial and investor sellers commonly use a special warranty deed. A quitclaim deed is better for clearing doubtful claims or moving property among related parties than for a sale. If you are using a deed to move your own property into a trust or LLC, see transferring property into an LLC.
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Book Free ConsultationFrequently asked questions
Is a quitclaim deed valid in Texas?
Yes, but it gives no warranty, so title insurance companies and buyers may be cautious.
Does a deed need to be recorded?
Recording is not required for validity between the parties but protects against later purchasers and is practically necessary.
Do both spouses sign a deed?
If the property is a homestead, both spouses generally need to join the conveyance, even if only one holds title.
Does Texas require a deed to state the price?
No. Texas is a non-disclosure state and has no state transfer tax.