Deeds on the Florida real estate exam

Last reviewed: November 2026

A deed is the written instrument that transfers title to real property from the grantor (seller) to the grantee (buyer). The exam asks which deed gives the most protection, what a quitclaim deed does and does not do in Florida, and what a deed needs to be valid and recordable. Deeds are part of exam area IX, titles, deeds and ownership restrictions, which carries 7% of the Florida sales associate exam.

Types of deeds compared

General warranty deed

Florida prescribes a statutory warranty deed form in which the grantor "does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever" (s. 689.02(1), F.S.). A deed executed substantially in that form is a warranty deed with full common-law covenants, binding on the grantor and the grantor's heirs as if every covenant were written out (s. 689.03, F.S.).

The covenants usually taught for the exam are seisin, right to convey, against encumbrances, quiet enjoyment, warranty forever and further assurance. You do not need the case law, only that the general warranty deed contains all of them.

Special warranty deed

A special warranty deed limits the warranty to claims arising through the grantor, meaning during the grantor's ownership. On the exam, "warrants only against defects during the grantor's ownership" is the defining phrase.

Quitclaim deed in Florida

A quitclaim deed transfers whatever interest the grantor has, without any promise that the grantor has any interest at all. It is typically used to clear a cloud on title, release a possible claim, or move property between family members. Florida's recording act treats grantees under a quitclaim deed as bona fide purchasers without notice within the meaning of the recording acts (s. 695.01(2), F.S.). In other words, taking title by quitclaim does not by itself put the grantee on notice of other claims.

Exam trap: a quitclaim deed does not guarantee title, but it is still a valid deed and still must meet Florida's execution requirements below.

Essentials of a valid deed

• In writing (s. 689.01(1), F.S.).
• A competent grantor and an identifiable grantee.
• Words of conveyance (granting clause).
• An adequate legal description of the property. See legal descriptions.
• Consideration stated (it may be nominal).
• Signed by the grantor, in Florida in the presence of two subscribing witnesses.
• Delivery to and acceptance by the grantee during the grantor's lifetime.

Florida's two-witness rule

An estate or interest of freehold, or a term of more than 1 year, must be created or transferred by a written instrument "signed in the presence of two subscribing witnesses" by the grantor or the grantor's authorized agent (s. 689.01(1), F.S.). Three points to know:

• No witnesses are required for a lease of real property (s. 689.01(1)).
• No seal is necessary (s. 689.01(1)).

Witnesses may be present through audio-video communication technology as defined in s. 117.201 (s. 689.01(2)).

Recording a deed in Florida

Recording is not required for a deed to be valid between the parties, but an unrecorded conveyance is not effective against creditors or later purchasers for value without notice (s. 695.01(1), F.S.). To be recorded:

• the execution must be acknowledged by the grantor, for example before a notary public, or proved by a subscribing witness (s. 695.03, F.S.);
• the name of each signer, each witness and the notary must be printed beneath their signatures, with the post-office addresses of the signers and witnesses; the name and address of the person who prepared the instrument and (except in a mortgage) of each grantee must appear; and a 3-inch by 3-inch space must be left at the top right of the first page (s. 695.26(1), F.S.).

The statutory form also leaves space for the parcel identification number, but a missing or wrong number does not affect validity or recordability (s. 689.02(2)).

Documentary stamp tax on deeds

Florida taxes deeds at 70 cents per $100 of consideration (s. 201.02(1)(a), F.S.). In Miami-Dade County the rate is 60 cents, plus a 45-cent surtax that does not apply to single-family residences (Florida Department of Revenue; s. 201.031). Worked examples are on the Florida documentary stamp tax page.

Exam traps

• Greatest protection: general warranty. Least: quitclaim.
• Florida deed: two witnesses. A lease: none.
• Acknowledgment is needed for recording, not for validity between the parties.
• Delivery must happen while the grantor is alive; a deed found in a drawer after death was not delivered.
• Title passes by voluntary alienation (deed, will) or involuntary alienation (foreclosure, adverse possession, eminent domain).

Practice question

A seller signs a deed with only one subscribing witness. Under Florida law, what is missing?

A) Nothing. B) A second subscribing witness. C) A seal. D) The parcel ID number.

Answer: B. Section 689.01(1) requires two subscribing witnesses. No seal is necessary, and the parcel ID does not affect validity.

Test yourself

Area IX questions on deeds, alienation and easements are in the free Florida practice test. Ownership forms are on estates and tenancies. For more area IX questions and timed exams, see the paid question bank.

Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.