Florida Broker Practice Exam

If a sale contract does not specify the type of deed, what type is required by Florida law?

1. Special warranty deed

2. General warranty deed

3. Quitclaim deed

4. Bargain and sale deed

The correct answer is: General warranty deed

In Florida, if a sale contract does not specify the type of deed to be used, the law defaults to a general warranty deed. This is significant because a general warranty deed is the most comprehensive form of deed that provides the greatest level of protection to the buyer. It guarantees that the seller holds clear title to the property, free of any liens or encumbrances, and warrants against any claims that may arise, regardless of when they occurred. The general warranty deed includes covenants such as the covenant of seisin, which assures that the seller owns the property; the covenant against encumbrances, which protects against undisclosed claims; and the covenant of quiet enjoyment, which promises that the buyer will not be disturbed in their ownership by others claiming a superior title. This level of assurance is important for buyers, as it provides confidence in the property they are purchasing. Other types of deeds, like the special warranty deed, quitclaim deed, or bargain and sale deed, do not offer the same level of protection, as they may limit the seller's liability regarding title issues or offer no warranties at all. Therefore, when no specific type of deed is indicated in a sale contract in Florida, the general warranty deed is legally required, ensuring the