Hawaii Pre-Licensing National Practice Exam

Which type of deed allows a grantor to transfer an uncertain interest in real property?

1. Warranty deed

2. Quitclaim deed

3. Special warranty deed

4. Grant deed

The correct answer is: Quitclaim deed

A quitclaim deed is designed specifically to transfer an uncertain or potentially unclear interest in real property. Unlike a warranty deed, which guarantees that the grantor has a clear title to the property and will defend that title against claims, a quitclaim deed simply conveys whatever interest the grantor currently has, without any guarantees or warranties about the validity of that interest. This means that the grantor might not have full ownership or clear title to the property being transferred. Because of this lack of assurance, quitclaim deeds are often used in situations where the parties know each other, such as transferring property between family members or resolving title issues where one party might not have all the rights to the property they are attempting to convey. Other types of deeds, such as warranty deeds, special warranty deeds, and grant deeds, typically involve more assurance concerning the title being transferred, which is why they wouldn’t be suitable for transferring uncertain interests as effectively as a quitclaim deed does.