When you’re buying or selling a home, it’s easy to lose track of the details. A deed might not be the first thing anyone thinks of when buying or selling a property — but it’s one of the most important parts of any real estate transaction. If you intend to sell or transfer a property, you need the help of a Florida deed preparation lawyer.
A Plantation deed preparation lawyer can help you decide which type of deed is best for your transaction.
Why Choose Us?
Your Guide to Florida Real Estate Law
The right deed preparation lawyer can help ensure you don’t encounter unexpected title defects or other issues after the sale. Here are a few reasons to consider The Law Office of Carlos M. Amor, P.A.:
- Carlos M. Amor is both an attorney and a licensed real estate broker.
- He has worked in the Florida real estate market for more than 15 years.
- He has countless satisfied former clients.
- Martindale-Hubbell has recognized him for professional excellence, legal ability, and ethical standards.
If you’re considering working with Carlos M. Amor, call or send a message to book your free initial consultation!
What Is a Property Deed?
A property deed is a document used to transfer a home or other piece of real estate. There are two key parties:
- Grantor: The person selling or transferring the property
- Grantee: The person buying or receiving the property.
It’s generally best to hire a real estate lawyer to draft your deed to avoid potential problems. You also might choose to grant your lawyer a limited power of attorney to act on your behalf during real estate transactions.
Types of Deeds in Florida
The exact type of property deed you need will depend on your real estate transaction. Here’s a look at some of the main Florida deeds a Plantation deed preparation lawyer may be able to assist you with.
General Warranty Deed
A general warranty deed is the simplest type of property deed. It offers several guarantees to the buyer or grantee:
- The grantor is the property’s legitimate owner.
- They have the right to sell or transfer the property.
- There are no liens or claims against the title.
- The seller will defend the buyer against title defects discovered in the future.
Of all types of Florida property deeds, a general warranty deed provides the most protection for the buyer.
Special Warranty Deed
A special warranty deed is one where the grantor claims they have not caused any title defects or other problems during their ownership of the property. It makes no claims about any prior title defects.
Some sellers choose this deed because it’s less expensive. If you are buying a home and the seller has only a special warranty deed, it’s worth investigating the history of the home’s title.
Do you have questions about property deeds? Call 954-453-7200 for a free consultation.
Quitclaim Deed
A quitclaim deed is used to transfer the grantor’s interest in a property to the grantee. Quitclaim deeds have several limitations you should be mindful of:
- They cannot be used to transfer more than the grantor’s interest in the property.
- They don’t transfer mortgages.
- They make no guarantees about the property’s title.
- If a title defect arises, the grantee has no recourse against the grantor.
Quitclaim deeds are best for transfers between people who trust one another. For instance, if an aging parent wants to give a home to their child, a quitclaim deed might be the right tool for doing so.
Life Estate Deed
Often, homeowners want to do what they can to keep their homes in their families as long as possible. A life estate deed is a type of real estate deed that makes this process much easier.
A life estate deed is a way for a parent or guardian to effectively “pre-gift” their home to their children. A life estate deed identifies two main parties:
- Life Tenant: Retains control of the property during their lifetime
- Remainderman: Receives the property after the death of the life tenant.
The primary benefit of a life estate deed is the fact that it allows the owner of a property to pass it on to their heirs without having the property go through probate.
It’s important to note that while a life estate tenant can maintain control of the home during their lifetime, they don’t have the power to revoke the deed without the remainderman’s permission.
Lady Bird Deed (Enhanced Life Estate Deed)
Enhanced life estate deeds work similarly to traditional life estate deeds, but there’s one key difference — a Lady Bird deed is revocable. This means the life tenant may refinance or sell the home — or revoke the deed — at any point.
Tax Deed
If you cannot afford to pay the property taxes on your home or other property, your local government might go through the process of obtaining a tax deed. This deed grants ownership of the property to the local government, which will usually sell it to recoup tax debt.
FAQ
Many of Carlos M. Amor’s clients come to him with questions about deeds. These are some of their most common questions.
Why do I need a deed preparation lawyer?
A knowledgeable attorney can ensure your deed is legally sound and reduce your risk of problems down the line.
What should I do with my property deed once I have it?
You should make sure your deed is properly registered and then save both a hard copy and an electronic copy.
What kind of deed should I choose?
That depends on your situation. At your free consultation, your attorney can help you determine which type is right for you.
Is the buyer or seller responsible for registering the deed?
Usually, the buyer registers the deed with the local government.
If you have other questions or you’re ready to schedule your consultation, get in touch today!
Need Help Preparing a Deed?
The Law Office of Carlos M. Amor, P.A. Is Here for You
There are countless things to consider when you’re buying or selling a property, but you should never overlook the importance of a legally sound deed. If you need help preparing a deed, have concerns related to real estate law, or need online notary services, The Law Office of Carlos M. Amor, P.A. is just a phone call away.
If you need help with a property deed, don’t wait — call 954-453-7200 to request a free consultation.
