Buying in Export or the Franklin Regional area and hearing terms like general warranty, special warranty, or quitclaim? The deed you receive controls what protections you get with your new home. It can also shape your options if a title issue pops up later.
You want a smooth closing and clear ownership. With a little clarity on deed types and what to review before you sign, you can protect your purchase and move forward with confidence.
Below, you will learn how the main deed types in Pennsylvania work, what language to look for in your conveyance documents, and local considerations in Westmoreland County. Let’s dive in.
What a deed does
A deed transfers ownership from the seller to you. It also sets out any promises the seller is making about the quality of the title. Different deed forms give different levels of protection.
In Pennsylvania, most residential sales use one of three deed types. Each controls how much responsibility the seller is taking for defects in the title, whether those defects happened during their ownership or earlier in the chain of title.
General warranty deed
A general warranty deed is the most protective option for a buyer. The seller promises they own the property, have the right to convey it, and that there are no undisclosed liens or encumbrances. The promise reaches back to cover defects that arose at any time in the past, not just on the seller’s watch.
Common covenants you may see include:
- Warranty of seisin or right to convey. The seller owns the property and can transfer it.
- Covenant against encumbrances. No undisclosed liens or restrictions exist beyond what the deed lists.
- Covenant of quiet enjoyment. Your possession will not be disturbed by title claims.
- Covenant of further assurances. The seller will sign documents needed to fix title issues that appear later.
Even with these promises, most buyers still purchase owner’s title insurance. The deed is a contract with the seller, while title insurance protects you against certain defects and recording errors that are not discovered before closing.
Special warranty deed
A special warranty deed offers narrower protection. The seller only warrants that they did not create title defects during their period of ownership. If a problem traces back to a prior owner, the seller’s warranty typically will not cover it.
You see special warranty deeds more often in commercial transactions or when institutions or entities sell a property. If you accept a special warranty deed, it is wise to focus on a thorough title search and owner’s title insurance for peace of mind.
Quitclaim deed
A quitclaim deed transfers whatever interest the grantor has, if any, without any warranties. The grantor does not promise that they own the property, that there are no liens, or that a defect can be fixed.
Quitclaims are common for transfers within a family, between related entities, or to correct chain-of-title issues. They pose the highest risk for buyers in an arm’s-length sale. If a sale uses a quitclaim deed, an owner’s title insurance policy is critical, and many lenders will require it.
What to check before closing
Before you sign, ask to review the proposed deed draft. Confirm the basics and make sure the deed type matches your contract and expectations.
Key elements to verify:
- Granting clause. Look for language that clearly transfers ownership now, such as “grant, bargain, sell and convey.”
- Names and capacities. Your full legal name and the seller’s full legal name should be correct. If a party is a trustee, business, or married person, that capacity should be accurate.
- Legal description. The metes and bounds description, or lot and plan reference, must match the title work and the mortgage. Any mismatch is a red flag.
- Consideration statement. You may see the price or a nominal amount. This is standard practice and not a validity requirement on its own.
- Habendum clause. The “to have and to hold” language usually restates the estate, such as fee simple.
- Exceptions and reservations. Note any easements, covenants, rights-of-way, or mineral reservations that remain in place after closing.
- Signatures and acknowledgment. The seller must sign, and the deed must be properly notarized for recording.
- Delivery and acceptance. This happens at closing in practice. The deed must be delivered to and accepted by you to be effective.
Deed language to recognize
Certain phrases signal the level of protection you will receive. Understanding them helps you spot issues early.
- General warranty language. Broad warranty terms indicate the strongest buyer protection.
- Special warranty language. Warranties are limited to the seller’s period of ownership.
- Quitclaim language. Phrases like “convey and release” with no express covenants usually mean no warranties.
- Subject to clauses. These list exceptions that survive your purchase, such as an easement recorded at a specific book and page.
- Mineral, oil, gas, or coal reservations. In our region, these reservations can be significant. They can affect future use or present subsurface risks.
Red flags in deed drafts
It is easier to correct a deed before closing than after. Watch for these issues:
- Blanks or missing information at signing.
- Inconsistent dates or a deed dated before signature.
- Capacity problems, such as only one spouse signing when title is in both names.
- Vague exceptions with no clear record references.
- A quitclaim deed used in a normal sale without a clear reason and without an owner’s title insurance policy.
Local factors in Export and Westmoreland County
Recording creates public notice and protects your ownership against later claims. In the Export area, deeds are recorded with the county land records office. After closing, confirm your deed is promptly recorded and request a recorded copy for your files.
Title pros will research the chain of title and note recorded encumbrances. In Westmoreland County, ask your title company or attorney to pay close attention to:
- Mineral and coal rights. Our region has a history of mineral extraction. Older deeds may sever or reserve subsurface rights or reference mining leases.
- Easements and rights-of-way. Utility, access, and pipeline easements are common on older properties.
- Municipal liens or assessments. Confirm there are no unpaid municipal charges, sewer assessments, or code enforcement liens.
A thorough title search and clear explanations of any exceptions will help you decide whether an issue is acceptable, curable, or a reason to renegotiate.
Closing day in Pennsylvania
In Pennsylvania, attorneys or title companies typically handle closings, prepare the deed, run the title search, and record the documents. If you are financing, your lender will require a mortgage and a lender’s title policy. That policy protects the lender, not you, so plan to purchase an owner’s title insurance policy as well.
After closing, the deed is usually submitted for recording the same day or shortly after. Confirm the recording timeline and ask for a recording confirmation or a copy of the recorded deed.
Also confirm who will pay transfer taxes. Pennsylvania, the county, and the local municipality impose transfer taxes, and the allocation between buyer and seller is set by contract or local custom.
Buyer checklist: from draft to recording
Use this quick checklist to stay on track.
Before signing the contract or ahead of closing:
- Ask to review the proposed deed early and confirm the deed type.
- Hire an attorney or work with a reputable title company to review the deed and title search results.
- Order an owner’s title insurance policy for added protection.
- Review title commitment exceptions and request plain-language explanations of any easements, covenants, or mineral reservations.
- If a quitclaim deed is proposed, ask why, consider the risk, and require owner’s title insurance. Consider price or terms adjustments if needed.
At closing:
- Confirm the deed presented matches the draft you reviewed, including the legal description and the parties.
- Verify signatures and the notary acknowledgment are correct for recording.
- Ask how and when the deed will be recorded and request proof once it is on record.
After closing:
- Confirm recording in Westmoreland County and obtain a recorded copy.
- Store your owner’s title insurance policy and closing documents safely.
When an exception shows up
If your title search identifies an exception such as an easement or a mineral reservation, do not panic. Work the problem methodically.
- Ask the seller to cure the issue if possible, or to fully disclose it in writing.
- Talk with your attorney about how the exception affects use or value.
- Consider negotiating a repair, a price credit, or a requirement that the seller clear title before closing.
- If you accept the exception, make sure your title insurance clearly lists it so you understand what is and is not covered.
Bottom line for Export buyers
Deeds are not just paperwork. They control the promises you receive about ownership and your future options if a problem arises. In most arm’s-length home purchases, a general warranty deed is the gold standard. If a special warranty or quitclaim is on the table, lean on a careful title review and an owner’s title insurance policy to protect yourself.
If you are buying in Export, Murrysville, or around Franklin Regional, you deserve clear guidance and a smooth closing. When you want local expertise with fast, MLS-driven service, reach out to Adam Slivka and Team. We can help you navigate the process from the first showing to a recorded deed and keys in hand.
FAQs
Which deed should a first-time buyer ask for in Pennsylvania?
- In a typical residential sale, a general warranty deed provides the broadest seller promises. If that is not available, prioritize an owner’s title insurance policy.
Does title insurance matter if I receive a general warranty deed?
- Yes. Deeds create seller warranties, but title insurance protects you against defects that may not appear in the public record or were missed in the search.
What happens if I accept a quitclaim deed in a normal sale?
- A quitclaim includes no warranties, so your claims against the seller are limited. Your main protection would be an owner’s title insurance policy and careful due diligence.
What does “subject to” mean in a deed?
- It lists exceptions like easements, covenants, or recorded mortgages that continue after your purchase and may affect how you can use the property.
Are mineral or coal rights an issue in Westmoreland County?
- They can be. Older deeds may reserve subsurface rights or reference mining leases. Have your title company or attorney research and explain any such references.
How soon should my deed be recorded after closing in Export?
- Deeds are typically submitted for recording the same day or shortly after closing. Ask for confirmation and obtain a recorded copy for your records.
