What Is a Deed in Real Estate?
A deed is the legal document that transfers ownership of real property from one party to another. It identifies the buyer (grantee), the seller (grantor), and provides a clear description of the property. Deeds are signed, notarized, and recorded with the county clerk after closing.
✅ Common Types of Deeds
- Warranty Deed: provides full ownership and guarantees a clear title. Most common in standard home sales.
- Special Warranty Deed: guarantees title only for the period the seller owned the property.
- Quitclaim Deed: transfers ownership interest without any title guarantees—often used between family members or for corrections.
Learn how title insurance protects against defects not shown on the deed.
📜 How Deeds Work in a Real Estate Transaction
At closing, the seller signs the deed to officially transfer ownership. The buyer’s name replaces the seller’s, and the signed deed is then recorded with the county recorder’s office. Recording the deed creates a public record proving ownership.
- Prepared by: typically the title or closing company
- Signed by: the seller, with a notary acknowledgment
- Recorded: at the county where the property is located
Learn how this fits into the full escrow process and closing timeline.
🏠 Deeds and FSBO Closings
- Title company assistance: most FSBO sellers use a title company to prepare and record the deed.
- Cash vs financed sales: deeds are used in both, but mortgage lenders will require financing contingencies before closing.
- Proof of ownership: the recorded deed becomes the buyer’s evidence of legal title.
🧩 Common Misconceptions About Deeds
- “The deed and title are the same.” ❌ The deed transfers ownership; the title represents legal ownership rights.
- “Only attorneys can prepare deeds.” ❌ In most states, title companies or licensed brokers can handle deed preparation for standard FSBO transactions.
- “Recording is optional.” ❌ Recording the deed is essential—it establishes public ownership and protects against future claims.