The warranty issue is a red herring. A warranty is an affirmative guarantee of quality: you are (in essential concept of not in precise detail) agreeing to be h

The warranty issue is a red herring. A warranty is an affirmative guarantee of quality: you are (in essential concept of not in precise detail) agreeing to be held to a "strict liability" standard. If I buy real estate and I am granted a warranty deed, and the title to the property comes into question, the seller can be brought to account to make me whole or indemnify me, regardless of who is at fault for the title defect. Without a warranty, you're not held to strict liability, but you can probably be held liable under the default legal regime. If I buy real estate and get a quit-claim deed, there is no promise that the seller has unencumbered rights to the property. However, if I can show the seller intentionally defrauded me, they can still be held civilly and criminally liable for the fraud.