Every week someone calls our Fort Myers office with the same question. They’re transferring property — adding a family member to a deed, completing a divorce settlement, moving a home into a trust — and they’ve hit a wall trying to figure out whether they need a warranty deed or a quit claim deed.
The confusion is understandable. Both documents transfer ownership. Both cost the same $225 to prepare through our office. But they do fundamentally different things, and using the wrong one can create problems that cost far more to fix than the deed preparation itself.
We’ve been sorting out this question for Southwest Florida property owners since 1997. Here’s a plain-language explanation of both deed types, when each one is the right call, and a few situations where neither applies and a Lady Bird deed is actually what you need.
What a Quit Claim Deed Does
A quit claim deed transfers whatever ownership interest the grantor currently has in a property to the grantee — and makes no promises whatsoever about the condition of that title. No warranties, no guarantees about liens or encumbrances, no assurance that the grantor actually owns what they’re transferring.
That sounds like a red flag, but it’s not. It’s the design. Quit claim deeds are built for situations where the parties already trust each other and where clear title has already been established. The simplicity is the feature.
The most common situations we see in our Fort Myers office:
- Adding a spouse to the title after marriage
- Removing an ex-spouse from a deed after divorce
- Parents transferring property to an adult child
- Moving property into a living trust or LLC
- Correcting a name misspelling or title error from a prior deed
- Siblings or other family members transferring between each other
Under Florida Statute §689.02, a valid quit claim deed must be in writing, identify the grantor and grantee by full legal name, include the complete legal description of the property, and be signed by the grantor in the presence of two witnesses and a notary public. Getting the legal description wrong is the most common and most expensive mistake we see from people who try to prepare these themselves.
Important: A quit claim deed transfers ownership immediately when recorded. It is not reversible without the grantee’s cooperation. If you want the ability to change your mind, or if you want the transfer to happen at death rather than now, a quit claim deed is not the right tool.
What a Warranty Deed Does
A warranty deed transfers ownership with a guarantee. The grantor is legally promising that the title is clear, that there are no undisclosed liens or encumbrances, and that they have the legal right to transfer what they’re transferring. If a title defect surfaces after the deed is recorded, the grantor is legally on the hook to make it right.
A general warranty deed in Florida extends that guarantee back through all prior owners — not just the current grantor’s period of ownership. This is a significant protection for buyers.
When you need a warranty deed:
- Selling real property to someone you don’t have a prior relationship with
- Any transaction where the buyer’s lender is involved — lenders require warranty deeds
- When the buyer is demanding title protection and you can’t close with a quit claim
- Commercial real estate transactions
Both warranty deeds and quit claim deeds are $225 to prepare through Lee County Document Preparation. The preparation cost is the same. What differs is the legal liability the grantor takes on and the protection the grantee receives.
Pro Tip: Documentary stamp taxes apply to both deed types when consideration is exchanged — 0.7% of the sales price, with a minimum of $0.70. For family transfers with no money changing hands, doc stamps are typically just the $0.70 minimum. We calculate the exact amount and include it in your cost estimate before you start.
The Quick Comparison: Quit Claim vs Warranty Deed in Florida
| Quit Claim Deed | Warranty Deed | |
| Title guarantee | None | Full guarantee through all prior owners |
| Best used for | Family transfers, corrections, trusts | Sales to strangers, lender-required transfers |
| Transfer timing | Immediate upon recording | Immediate upon recording |
| Lender acceptance | Rarely accepted by lenders | Required for financed purchases |
| Risk | Grantee has no title protection | Grantor guarantees title |
| Doc stamps | 0.7% of consideration (min $0.70) | 0.7% of consideration (min $0.70) |
| LCDP prep fee | $225 flat | $225 flat |
When Neither One Is the Right Answer
There’s a third situation that comes up regularly, and it’s worth naming directly: people who want to pass their property to their children at death without going through probate. They often call us thinking a quit claim deed handles this. It doesn’t — at least not reliably.
A quit claim deed transfers ownership now, while you’re alive. If you deed your home to your children today, you’ve given up control. You can no longer sell it, refinance it, or change your mind without their cooperation. And there are potential homestead and tax implications depending on your situation.
What you actually want in that case is a Lady Bird deed — an Enhanced Life Estate Deed. You keep full ownership and control during your lifetime. The property passes to your named beneficiaries automatically when you die, with no probate, no court, and no attorney fees beyond the initial $258 or so it costs to prepare and record the deed.
If you’re not sure which of the three deed types applies to your situation, call us at 239-482-7900. We’ll ask a few questions and tell you plainly which document makes sense.
Common Mistakes We See in Lee County and Southwest Florida
Using a quit claim deed for an arm’s-length sale. The buyer’s lender will reject it. Even if the buyer agrees to it, they have no title protection if something surfaces later. This is one of the most common calls we get: a deal has already been structured with a quit claim deed and now the lender is pushing back.
Preparing the deed without a current legal description. The street address is not the legal description. The legal description comes from the recorded deed or the county property appraiser’s records. A wrong or outdated legal description can cloud title and require a corrective deed — or in serious cases, a quiet title action. That process costs far more than $225.
Deeding property without checking the mortgage first. A deed transfers ownership. It does nothing about the mortgage. Most mortgages have a due-on-sale clause that the lender can trigger if ownership changes without their approval. Always check with your lender before executing any deed on a mortgaged property.
Assuming a quit claim deed avoids probate. It doesn’t, unless it is recorded before the grantor’s death. If your goal is probate avoidance, you need a Lady Bird deed, not a quit claim deed.
Frequently Asked Questions
A warranty deed guarantees the title is clear and free of prior claims — the grantor is legally responsible if any title issue surfaces later. A quit claim deed transfers whatever interest the grantor has with no guarantee. Warranty deeds are standard for arm’s-length sales. Quit claim deeds are standard for family transfers, corrections, and estate planning situations.
For most family transfers — adding a spouse, transferring to a child, moving property into a trust — a quit claim deed is the right tool. It’s simpler, faster, and appropriate when both parties know each other and clear title is already established. A warranty deed is typically only required when a lender is involved or the buyer is a stranger.
Technically yes, but most buyers and their lenders won’t accept it. When selling to someone you don’t know, they have every reason to demand a warranty deed. Quit claim deeds are not standard in arm’s-length sales in Florida.
Both cost $225 flat to prepare through Lee County Document Preparation. Recording fees and documentary stamps are the same for both. The preparation cost is identical — the difference is the legal protection, not the price.
Using a quit claim deed when a warranty deed is required can cause the buyer’s lender to reject the transaction, create title insurance issues, or leave the buyer with no legal recourse if a prior claim surfaces. If you’re unsure which deed applies to your situation, call us before proceeding — 239-482-7900.
Yes. Both warranty deeds and quit claim deeds must be signed in the presence of two subscribing witnesses and a notary public to be valid and recordable in Florida. We offer in-house notarization for Fort Myers-area clients. If you are outside the local area, any licensed Florida notary can witness the signing.
Not Sure Which Deed You Need? Call Us.
We prepare quit claim deeds, warranty deeds, and Lady Bird deeds for property owners throughout Fort Myers, Cape Coral, Naples, Bonita Springs, and all of Southwest Florida. Both deed types are $225 flat.
Call 239-482-7900
Monday – Friday | 9:00 AM – 5:00 PM | LeeCountyDocs@gmail.com
$225 Flat Fee · Complete Cost Estimate Upfront · No Hidden Fees
Ready to get started? Fill out our online questionnaire, call the office, or visit our Quit Claim Deed Florida page or Lady Bird Deed Florida page to learn more about each option before you decide. — Betsy Wilkinson, Lee County Document Preparation, Inc.