There are three general types of deeds in Florida: the statutory warranty deed; the special warranty deed, and the quit claim deed. All three deeds can effectively convey title to real estate. The difference between the three types is the warranty that the grantor gives in the deed.
Statutory warranty deed
A statutory warranty deed is also called a general warranty deed. It fully warrants title to the property being conveyed against any and all claims. It offers the broadest warranty of any of the deeds. It is called a statutory warranty deed because a form for it is set out in the Florida Statutes. Statutory warranty deeds are used in most residential real estate transactions in Florida.
Special warranty deed
A special warranty deed gives only a limited warranty of title. It warrants the title but only against claims of people who are claiming by, through, or under the grantor in the deed. There is no statutory form for a special warranty deed in Florida. Special warranty deeds are frequently used in commercial real estate transactions and in deeds from developers of condominiums or subdivisions.
Quit claim deeds
A quit claim deed gives no warranties. While it conveys whatever title the grantor may have, in executing a quit claim deed, the grantor is not representing that he owns the property or that he has the right to convey. Quit claim deeds may not be used a root of title under the Florida Marketable Record Title Act. Quit claim deeds are frequently used to help clear title problems or clouds on the title to property. There is no statutory form for a quit claim deed in Florida.
Sometimes deeds with names like "trustee's deed" or "personal representative's deed" are used in Florida. These titles refer to the type of person who is executing the deed, not the type of deed. Such deeds may be either a statutory warranty deed, a special warranty deed, or a quit claim deed. In addition, there are deeds called "fee simple deeds" used in Florida. A fee simple deed is a quit claim deed used to convey title to property; it contains no warranties.