Oregon Statutory Deed Forms: Warranty, Special Warranty, Bargain and Sale, and Quitclaim

Quick answer: Oregon recognizes four statutory deed forms — the Warranty Deed (ORS 93.850), Special Warranty Deed (ORS 93.855), Bargain and Sale Deed (ORS 93.860), and Quitclaim Deed (ORS 93.865). They differ in one critical way: how much the seller (grantor) warrants about the property's title. Pick the wrong form and the seller may take on unintended liability, or the buyer may walk away with no legal recourse for defects in title.

Why deed form choice matters

A deed is the legal instrument that transfers ownership of real estate from one party to another. In Oregon, every deed conveys title — but not every deed conveys the same promises along with it. Some deeds promise the buyer that the title is clean, free of liens, and defensible against the world. Others promise nothing at all, transferring only whatever interest the seller happens to have at the moment of signing.

The Oregon legislature codified four statutory deed forms in 1973. Each form serves a different purpose and exposes the parties to a different level of risk. Using the right form protects both sides. Using the wrong form can shift hundreds of thousands of dollars of liability in either direction.

The four forms are permissive, not mandatory. ORS 93.870 makes that clear: the parties can use the statutory forms, modify them, or draft something entirely from scratch. But the statutory forms come with predictable legal effects that have been litigated, codified, and tested over five decades of Oregon practice. Departing from them without good reason — and without legal advice — is usually a mistake.

The four Oregon statutory deed forms

Oregon's four statutory deed forms exist on a sliding scale of protection. The Warranty Deed gives the buyer the most assurance about title; the Quitclaim Deed gives the buyer essentially none. The two in the middle — Special Warranty and Bargain and Sale — sit at intermediate points on that scale.

Warranty Deed (ORS 93.850)

The Warranty Deed is the most protective form for the buyer. It is also the most common deed form used in Oregon residential transactions.

A Warranty Deed conveys the grantor's entire interest in the real property and warrants that the property is free from encumbrances, except for those specifically described in the deed. The deed also conveys all "after-acquired title" — meaning if the seller later acquires additional interest in the property, that interest automatically passes to the buyer.

Under ORS 93.850, a Warranty Deed includes four statutory covenants of title, even when those covenants are not expressly written into the deed:

1. The grantor owns the estate being conveyed.

2. The grantor has the right to convey the estate.

3. The property is free from encumbrances except those specifically listed in the deed.

4. The grantor warrants and will defend the title against all lawful claims.

These covenants attach to every Warranty Deed automatically. They run with the land and can be enforced by future owners, not just the original buyer. If a title defect later emerges, the buyer can sue the grantor for breach of warranty regardless of when the defect was created.

In Oregon residential real estate transactions involving title insurance and standard OREF forms, the Warranty Deed is the default and almost always the right choice.

Special Warranty Deed (ORS 93.855)

The Special Warranty Deed is substantially similar to a Warranty Deed, with one important limitation: the warranties cover only the period during which the grantor owned the property. The grantor does not warrant against title defects that arose before they acquired the property.

Under ORS 93.855, a Special Warranty Deed "conveys and specially warrants" real property, and the title is to be "free of encumbrances created or suffered by the grantor except as specifically set forth" in the deed. The duty to defend title is limited to defending against persons who lawfully claim title "by, through or under" the grantor.

This form is commonly used when:

1. Title is being conveyed after the buyer completed payments under a land sale contract.

2. A commercial seller wants to limit liability to the period of their own ownership.

3. A trustee, personal representative, or fiduciary is conveying property and cannot personally warrant prior chain of title.

4. A bank or financial institution is conveying property acquired through foreclosure.

For a buyer, a Special Warranty Deed is meaningfully weaker than a full Warranty Deed. Title insurance becomes more important when accepting a Special Warranty Deed because the buyer has no recourse against the grantor for defects that predate the grantor's ownership.

Bargain and Sale Deed (ORS 93.860)

The Bargain and Sale Deed conveys real property without making any warranties about the condition of title.

Under ORS 93.860, the Bargain and Sale Deed "conveys" real property and does not refer to encumbrances on the title. Like the Warranty Deed and the Special Warranty Deed, the Bargain and Sale Deed conveys the entire interest in the property, includes after-acquired title, and prevents the grantor from later claiming they conveyed something less than what the deed describes.

The fundamental difference is the absence of warranties. The buyer takes the property as-is with no covenants of title. If a title defect emerges after closing, the buyer has no claim against the grantor — only against a title insurance policy, if one exists.

Bargain and Sale Deeds are commonly used in transactions between family members, in transfers to or from trusts, and in commercial transactions where the parties have negotiated to exclude warranties. A buyer accepting a Bargain and Sale Deed should strongly consider title insurance as part of the transaction.

Quitclaim Deed (ORS 93.865)

The Quitclaim Deed is the weakest deed form. It transfers only whatever interest the grantor happens to have in the property at the moment of signing — which could be everything, or nothing at all.

Under ORS 93.865, the Quitclaim Deed "releases and quitclaims" to the grantee all right, title, and interest in the described real property. The statute specifies that a Quitclaim Deed "shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel."

Unlike the other three deed forms, a Quitclaim Deed does not convey after-acquired title. It also does not estop the grantor from later asserting that they had a smaller interest than the deed described.

Quitclaim Deeds are typically used to:

1. Release a possible interest in property — for example, a spouse signing off after a divorce.

2. Clear a cloud on title between family members or co-owners.

3. Release an interest in a defaulted or abandoned land sale contract.

4. Terminate a leasehold interest.

5. Correct a defective prior deed.

Use the Quitclaim Deed with caution. It is appropriate for clearing title between known parties, but it should almost never be used to convey title in an arm's-length sale to a third party. Most title insurance companies refuse to insure title acquired through a Quitclaim Deed in a market transaction. A buyer who accepts a Quitclaim Deed from a seller they do not know is taking on substantial — and often unnecessary — risk.

How to choose the right deed form

The right deed form depends on the transaction. Three general principles guide the choice:

Buyers want maximum warranty. A buyer's strongest position is a Warranty Deed combined with an owner's title insurance policy. The warranty gives the buyer a direct claim against the seller; the title insurance gives the buyer a claim against the insurer. The two together cover almost every plausible title problem.

Sellers want minimum warranty. A seller's strongest position is the deed form that limits their post-closing liability to what they actually know about. An institutional seller, a fiduciary, or anyone selling property they did not personally acquire may prefer a Special Warranty Deed or a Bargain and Sale Deed.

Title insurance changes the calculus. When the transaction includes title insurance, the deed form matters less because the insurer is the buyer's primary recourse for title defects. When there is no title insurance — common in family transfers, trust transfers, and some commercial deals — the deed form is the buyer's only protection, and the choice becomes critical.

In any transaction that does not include title insurance, the deed form is the buyer's only protection against undisclosed defects. Using the wrong form can mean the difference between a buyer who can recover from the seller and a buyer who has no recourse at all.

Common questions about Oregon deed forms

Are Oregon statutory deed forms mandatory?

No. ORS 93.870 specifies that the statutory forms are permissive, not mandatory. Parties can modify the statutory language to fit specific circumstances or draft a deed entirely from scratch. However, the statutory forms have predictable legal effects and a long history of Oregon case law interpreting them. Departing from the statutory forms without legal advice usually creates more problems than it solves.

Do I need a lawyer to draft a deed in Oregon?

Not technically — but the cost of getting a deed wrong is usually far greater than the cost of legal review. A residential transaction handled through a title company with standard OREF forms generally produces a properly drafted Warranty Deed without separate counsel. But any transaction involving non-standard parties (trusts, estates, businesses), unusual property interests (life estates, leasehold conveyances), or no title insurance benefits from attorney review.

What happens if the wrong deed form is used?

The deed still transfers ownership — that part works. What changes is the buyer's and seller's exposure. A buyer who accepts a Quitclaim Deed instead of a Warranty Deed has given up the right to sue the seller for title defects. A seller who delivers a Warranty Deed instead of a Bargain and Sale Deed has taken on warranty liability they may not have agreed to. Once the deed is signed, delivered, and recorded, undoing the mistake requires a new deed and the cooperation of both parties.

Does Oregon require a notary on a deed?

Yes. ORS 93.410 requires that a deed be acknowledged before a judge, justice of the peace, or notary public before it can be recorded. Without proper acknowledgment, the county clerk can refuse to record the deed under ORS 93.804, and an unrecorded deed does not provide constructive notice to subsequent purchasers under ORS 93.643.

Can I add or remove warranties from a statutory deed?

Yes. ORS 93.870 explicitly allows the parties to modify the statutory forms. You can add specific warranties, carve out exceptions, or include additional covenants. But modifications change how courts interpret the deed, and ambiguous language can create disputes years after closing. Always document any modifications clearly and get legal advice before deviating from the statutory language.

When to bring in legal help

If you are entering a residential transaction with title insurance, on OREF forms, you will almost certainly use a Warranty Deed and the title company will draft it correctly. Legal review is generally not necessary for a routine residential closing.

In any transaction that does not include title insurance, the choice of deed form can be extremely important to both the buyer and the seller. Using the wrong deed form for the seller could result in unintended exposure to liability for title defects the seller did not create. Using the wrong deed form for the buyer could result in a total loss — no title, and no recourse against the seller.

Consulting with a real estate attorney before signing or accepting a deed prevents these issues, usually at a low cost. Howell, LLC Real Estate Law advises buyers and sellers entering Oregon real estate transactions, drafts and reviews deeds outside standard title-company channels, and represents buyers and sellers in dispute resolution when things have gone wrong.

About the author

Tyler Howell is the founder of Howell, LLC, an Oregon real estate law firm based in West Linn. He represents property owners across Oregon in real estate transactions, partition actions, quiet title cases, boundary disputes, and other real estate litigation. He is licensed in Oregon (OSB No. 151864) and Washington (WSBA No. 45464). To discuss a real estate matter, call (503) 710-2566 or email tyler@law-howell.com.