A warranty deed guarantees the grantor owns the property free of undisclosed liens and obligates them to defend the title against all claims — even ones arising before they owned it. A quitclaim deed transfers only whatever interest the signer happens to have, with no guarantees at all. Buyers should insist on a warranty deed; quitclaims fit family and trust transfers.

What a Warranty Deed Guarantees

A general warranty deed is the gold standard for Florida property transfers. The grantor doesn’t just convey the property — they make binding covenants: that they actually own it, that they have the right to sell it, that there are no liens or encumbrances except those disclosed, and that they will defend the buyer’s title against any claim, no matter how far back in the chain of title the problem originated. If a surprise lien from a prior owner surfaces years later, the buyer can hold the warranty-deed grantor legally responsible.

Florida also recognizes the special warranty deed, a middle option: the grantor warrants the title only against defects that arose during their own period of ownership, not before. These are common in commercial deals, bank sales, and new construction.

What a Quitclaim Deed Does — and Doesn’t Do

A quitclaim deed makes no promises. It says “whatever interest I have, if any, is now yours.” If the grantor’s title is clouded by a lien, a missing heir, or an old mortgage, the grantee inherits the problem with no recourse against the grantor. That’s not a flaw — it’s the design. Quitclaims are fast, simple tools for transfers where the parties already know and accept the state of the title.

Both deed types must satisfy the same Florida formalities: under section 689.01, Florida Statutes, the grantor must sign before two subscribing witnesses, with notarization for recording, and section 695.26 requires printed names and addresses beneath every signature (including witness addresses, since January 1, 2024) before the clerk will record.

Which Deed Should You Use?

• Buying or selling to a third party: warranty deed, full stop. Lenders and title insurers expect it, and the standard Florida purchase contract calls for the seller to convey marketable title.
• Adding or removing a spouse, divorce transfers, gifts to children: quitclaim deed is usually sufficient.
• Moving property into your living trust or LLC: quitclaim (or a warranty deed to preserve warranty rights) — an attorney can advise which protects you better.
• Curing a title defect: a quitclaim from the person holding the stray interest is the classic fix.

One rule of thumb: the deed type protects the grantee, so the question is how much protection the person receiving the property needs. A stranger needs warranties and title insurance; your own revocable trust does not.

Warranty and Quitclaim Deeds in Miami-Dade County

Either deed is recorded the same way in Miami: with the Miami-Dade Clerk of the Court and Comptroller’s Official Records, at $10.00 for the first page and $8.50 for each additional page. The documentary stamp tax also doesn’t care which deed you use — it’s driven by consideration, including any mortgage on the property. Miami-Dade’s rate is $0.60 per $100 (versus $0.70 everywhere else in Florida), plus a $0.45 per $100 surtax on property other than a single-family residence. Choosing the wrong deed — or mis-calculating the stamps — is an expensive mistake to unwind. Arturo R. Alfonso P.A. has prepared both deed types for Miami clients in English and Spanish for over 35 years; if you’ve been searching for a real estate attorney near me to tell you which deed fits your transfer, one short consultation usually settles it.

Related Questions

• What is a quitclaim deed and when should I use one?
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