Utah FSBO Deed Types: Which Deed Do You Use When Selling Without an Agent?

When you sell your Utah home without a realtor, you are responsible for making sure the right deed gets prepared and recorded at closing. Most FSBO sellers know they need a deed — but fewer understand that choosing the wrong type of deed can expose you to post-closing liability or kill a deal with a financed buyer. Utah uses several deed types, and they are not interchangeable.

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The Three Deed Types Used in Utah Residential Sales

Utah real estate transactions most commonly involve one of three deed types: the general warranty deed, the special warranty deed, and the quit claim deed. Each one makes a different promise to the buyer about the condition of the title.

General Warranty Deed — This is the gold standard in Utah residential sales. A general warranty deed means you are warranting title against any and all claims, including defects that arose before you owned the property. If a title claim surfaces after closing — even from decades before you bought the home — you could theoretically be liable to the buyer under this deed. That sounds scary, but title insurance (which buyers almost always purchase) is what actually covers those historical claims. Most conventional and FHA lenders in Utah require a general warranty deed. If your buyer is financing, expect this to be required.

Special Warranty Deed — This deed warrants title only against claims that arose during your ownership, not before. It is commonly used by banks selling foreclosed properties, by trustees, and by estates. If you are selling a property you inherited or received through probate, your title company may recommend a special warranty deed because you cannot realistically vouch for the property's title history before it came to you. Some Utah counties — particularly in situations involving estate sales in Weber County and Salt Lake County — have seen lenders accept special warranty deeds with appropriate title insurance coverage.

Quit Claim Deed — A quit claim deed makes no warranties at all. It simply conveys whatever interest the grantor has in the property, if any. This deed type is almost never appropriate for a standard arm's-length FSBO sale in Utah. Its primary uses include: transferring property between family members, clearing a co-owner's interest (such as after a divorce), or correcting a title defect. If you try to close a traditional sale using a quit claim deed, most lenders will reject it outright.

Which Deed Should Utah FSBO Sellers Use?

For the vast majority of Utah FSBO sales — a homeowner selling to an unrelated buyer with conventional, FHA, or VA financing — the answer is a general warranty deed. This is what buyers' lenders expect, and what title companies are set up to process efficiently in Utah's county recorder offices.

If your situation involves any of the following, talk to your title company before assuming a general warranty deed is appropriate:

• You received the property through a trust, estate, or probate
• You are one of several heirs selling inherited property
• You acquired the property through a tax deed or sheriff's sale
• There is a known gap in the title chain

In those situations, a special warranty deed may be the appropriate choice — and a title company or real estate attorney can help you make that call correctly. See the Utah FSBO Deed Preparation guide for a detailed breakdown of what must be included in the deed itself.

Who Prepares the Deed in a Utah FSBO Sale?

Utah does not require a licensed attorney to draft a deed — but that does not mean you should draft one yourself. A deed with errors in the legal description, grantor name, or vesting language can fail to transfer title, create a cloud on title that affects future sales, or trigger a rejection at the county recorder's office.

In practice, there are two reliable approaches:

• Your title company prepares the deed. When you close through a title company (which is standard practice in Utah even for FSBO sales), the title company typically drafts the deed as part of their closing services. They pull the legal description from the existing vesting deed and ensure the document meets Utah recording requirements.

• A real estate attorney prepares the deed. If you are not using a full-service title company or if your situation is unusual (divorce, estate, trust), having an attorney prepare the deed adds a layer of review that protects both parties.

The deed must be notarized, signed by all vested owners, and recorded with the county recorder in the county where the property is located. In Utah, recording fees vary slightly by county — Salt Lake County and Utah County both charge a base fee plus a per-page rate. Your title company will handle this at closing.

Common Deed Mistakes in Utah FSBO Transactions

• Wrong vesting name. The grantor on the deed must exactly match how title is currently held. If your name changed after you bought the property or if there is a trust involved, this must be handled correctly before recording.
• Incorrect legal description. Never copy a legal description from memory or from an old listing. Pull it directly from the county assessor or your prior deed.
• Missing notarization. Utah requires a notarized signature for a deed to be recorded. Without it, the county recorder's office will reject the document.
• Quit claim deed used in a financed sale. As noted above, this will almost always cause a lender rejection. If a buyer's agent or buyer suggests this, push back and confirm with your title company.

Understanding deed types is one piece of a larger process. For a complete look at how your title company fits into a Utah FSBO closing, visit the Utah FSBO Title Company guide.

Ready to get started? Tyler offers a free 15-minute consultation — schedule yours at utahfsbohelp.com/contact.