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Types of Deeds

There are two basic types of deeds used in a real estate transaction in South Carolina: (1) Quitclaim Deeds (2) Warranty Deeds.

A quitclaim deed merely purports to convey whatever title or interest the grantor has in the property. This means that there is generally not title search performed and examined prior to the transfer. It is an effective way of transferring whatever title the grantor has at the time of the transfer.

A general warranty deed guarantees that the title of the grantor warrants against the claims of everyone in the world. This type of deed typically includes the language, “And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.”

In a special warranty deed, the grantor limits the scope of his warranty of title to the claims of himself, his heirs, or successors, and assigns. A special warranty deed reads exactly like a general warranty deed except it eliminates the words “and against every person whomsoever.”

For all questions regarding real estate transactions please contact our office at 803-547-2800.