Quitclaim vs. Warranty Deed: What’s the Right Choice?

If you’re buying a home in Massachusetts, you may come across the terms quitclaim deed and warranty deed and wonder which one you should be asking for.

Maybe your uncle in Florida says, “Make sure they give you a warranty deed!” Or maybe you Googled “quitclaim vs. warranty deed” and found conflicting advice. Let’s clear it up.

Here’s the truth: in Massachusetts, quitclaim deeds are the norm. That’s not a red flag — it’s standard legal practice. And the protection you’re looking for usually comes from title insurance, not the deed type.

Let’s walk through what these deed types mean, why quitclaim deeds are used here, and how to make sure you’re still protected.

What Is a Quitclaim Deed?

A quitclaim deed transfers the property from the seller (grantor) to the buyer (grantee), with a limited promise: the seller guarantees they haven’t done anything to cloud the title while they owned it. It doesn’t cover what happened before they took ownership.

Think of it like saying:

“I haven’t messed up the title while I owned it. But I’m not making promises about anything before that.”

In Massachusetts, this is perfectly normal. It’s the standard deed used in everything from million-dollar sales to intra-family transfers.

What Is a Warranty Deed?

A warranty deed, by contrast, provides a much broader guarantee. The seller promises that title is clear not only during their ownership—but all the way back in time. They’re also agreeing to legally defend the title if any past issue arises.

This sounds great in theory—but in Massachusetts, it’s almost never used.

Why Quitclaim Deeds Are Standard in Massachusetts

Here’s the key point: In Massachusetts, a quitclaim deed functions like a special warranty deed in other states. It’s not a “no warranty” deed, and it’s not risky or sloppy. It simply reflects how our legal and title system works here.

You may never see a warranty deed in your entire home-buying journey—even if you buy and sell multiple properties. In over two decades of practice, we’ve rarely (if ever) seen one used in a typical residential transaction.

Should You Ask for a Warranty Deed Anyway?

In theory, a buyer might ask for a warranty deed. In practice? It won’t happen.

Here’s why:

The standard Massachusetts purchase and sale agreement assumes a quitclaim deed.
Sellers have little incentive to offer more than what the market standard requires.
Title insurance is already in place to protect buyers from unknown title issues.

Put simply: a buyer’s attorney trying to negotiate a warranty deed will likely be ignored—or laughed out of the room.

How Buyers Actually Protect Themselves

If you’re worried about title issues—like unpaid liens, forged documents, or errors in prior deeds—the solution isn’t changing the deed type.

It’s buying an owner’s title insurance policy.

This is what protects you from hidden defects in the property’s title—regardless of whether the seller gave you a quitclaim deed or something else.

If you’re working with a real estate attorney (like us), we’ll help review the title, explain any concerns, and ensure you get the coverage you need.

Learn more about title review and closing services.

Final Thoughts: Don’t Sweat the Deed

In Massachusetts, a quitclaim deed is not second-rate, it’s standard. It doesn’t mean something’s wrong. It’s just how things are done here.

If you’re buying a property and see “quitclaim deed” in your documents, you’re in good company. And if you want full peace of mind, the real solution is clear: combine the quitclaim deed with strong title insurance and an experienced real estate attorney at your side.