What is the difference between a general warranty deed and a quitclaim deed, and which should I use to transfer my property? – South Carolina

Short Answer

In South Carolina, a general warranty deed transfers the property and includes broad promises from the seller about title, including protection against many past title problems. A quitclaim deed transfers only whatever interest the signer has (if any) and generally includes no promises about title. Which deed to use depends on whether the transfer needs strong title assurances (common in an arm’s-length sale) or is mainly a low-risk, relationship-based transfer (common in certain family or corrective situations).

Understanding the Problem

Under South Carolina real estate law, the key decision is whether the transfer of property must include title promises from the person signing the deed. Can the transfer be made with broad warranties about ownership and title history (general warranty deed), or should the transfer be made without warranties and only pass whatever interest the signer has (quitclaim deed)? This question often comes up when changing ownership between family members, moving property into or out of an entity, or completing a traditional purchase and sale.

Apply the Law

In South Carolina, a deed is the written instrument used to convey real property from a grantor (the person transferring) to a grantee (the person receiving). A general warranty deed typically includes covenants (promises) that the grantor owns the property and will defend the grantee against title claims, including claims arising from earlier owners. A quitclaim deed generally contains no title promises; it conveys only the grantor’s current interest, if any. Regardless of deed type, South Carolina law generally treats a deed as passing the grantor’s entire interest unless the deed says otherwise, and special “words of inheritance” are not required to convey a fee simple interest for deeds executed after December 31, 1993. Deeds are typically recorded in the county Register of Deeds office (or Clerk of Court in counties that still handle recording through that office) where the property is located.

Key Requirements

What interest is being conveyed: A deed should clearly identify the parties and the property and state what is being transferred; in South Carolina, a deed generally conveys the grantor’s entire interest unless the deed limits it.
Whether title promises are included: A general warranty deed includes broad warranties/covenants about title; a quitclaim deed generally includes none and shifts more title risk to the grantee.
Proper execution and recording: The deed must be properly signed and notarized and then recorded in the correct county office to protect the grantee’s interest against later claims and to keep the public land records accurate.

What the Statutes Say

S.C. Code Ann. § 27-5-130 (Deeds pass entire interest; fee simple construction) – Generally provides that a deed conveys the grantor’s entire interest unless the deed states otherwise, and words of inheritance are unnecessary for fee simple deeds executed after December 31, 1993.
S.C. Code Ann. § 27-7-20 (Warranty clauses optional) – Clarifies that parties are not required to include a warranty clause and may use other clauses or traditional forms.

Analysis

Apply the Rule to the Facts: With no specific transaction details provided, the deed choice turns on the “title promises” element. If the transfer is part of a typical sale where the buyer expects the seller to stand behind title, a general warranty deed is often used because it includes broad warranties. If the transfer is mainly to move whatever interest the grantor has (for example, between related parties or to clean up a title issue) and the grantee is not relying on warranties, a quitclaim deed is often used.

Process & Timing

Who files: Typically the grantee, closing attorney, or recording service. Where: The county Register of Deeds office (or Clerk of Court recording office, depending on the county) where the property is located in South Carolina. What: The signed and notarized deed (general warranty deed or quitclaim deed), plus any required state forms/cover sheets required by that county. When: Commonly recorded immediately after signing/closing to protect priority in the public records.
Fees and exemptions: South Carolina often imposes a deed recording fee based on consideration/value, but certain deeds can be exempt (for example, some corrective deeds or quitclaim deeds used only to confirm title already vested, with no consideration). The exemption rules are fact-specific and should be confirmed before recording.
After recording: The recording office returns the recorded deed (or an image) showing book/page or instrument number. That recorded deed becomes part of the public chain of title.

Exceptions & Pitfalls

Assuming a quitclaim deed “avoids problems”: A quitclaim deed does not fix title defects by itself; it usually just transfers whatever interest exists, without promises.
Using the wrong deed for a sale: In an arm’s-length sale, a buyer may expect warranties and title insurance requirements may drive the deed form; using a quitclaim deed can create closing issues or increase risk.
Overlooking authority to sign: If someone signs for an owner under a power of attorney, the document should authorize real estate transfers; South Carolina law generally allows an agent to convey with or without warranties and to quitclaim when properly authorized.
Recording-fee surprises: Even “$0” transfers can trigger fees unless an exemption applies; exemptions depend on the purpose of the deed and whether consideration is paid.
Not matching the deed to the goal: Corrective or confirmatory transfers often require careful drafting so the deed corrects the intended issue without unintentionally changing ownership rights.

Conclusion

In South Carolina, a general warranty deed transfers property with broad title promises from the grantor, while a quitclaim deed transfers only whatever interest the grantor has and usually provides no title promises. The right choice depends on whether the grantee needs the grantor to stand behind title (common in a sale) or the transfer is mainly a low-risk, relationship-based or confirmatory transfer. A practical next step is to prepare the correct deed form and record it with the county Register of Deeds (or Clerk of Court) promptly after signing.

Talk to a Real Estate Attorney

If a property transfer in South Carolina involves choosing between a general warranty deed and a quitclaim deed, a real estate attorney can help match the deed to the goal, reduce title risk, and make sure the document is signed and recorded correctly.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.