Question

1. Sal Sur owned a tract of farmland which he sold to Quick Buyer with a quitclaim deed. Quick recorded the deed immediately. Several weeks later, Al Knowes informed Sal that a sale of land executed with a quitclaim deed was ineffective. Al offered to purchase the property from Sal with a warranty deed. Sal sold the property to Al and executed a warranty deed. Al attempted to obtain possession of the property from Quick. Who is entitled to possession?
   1. Al, a warranty deed is superior to a quitclaim deed
   2. Al, a quitclaim deed is never effective for real estate sales
   3. Quick, the quitclaim deed will prevail in this situation
   4. Sal, neither conveyance is effective in transferring title

Answer 1

1. Al, a warranty deed is superior to a quitclaim deed

While in case of quitclaim deal, Sal shall give no guarantee of his interest in the property or title that he holds; in case of Al warranty deed, Sal gives a title clearance guarantee to Al Knowes. But in case of Al Knowes, the title is transferable and hence warranty deed is superior to a quitclaim deed.