Help With a Quit Claim Deed
Quitclaim deeds generally allow someone to transfer property to a new owner without any legal guarantees that they have clear ownership of the property. The typical quitclaim deed is either devoid of legal promises, or contains active language that declares the seller's intention to avoid all liability dealing with title to the property. Those with questions about a specific quitclaim deed should see a real estate professional.
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Deeds and Title
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When the old owner of a property gives the new owner a deed, the deed effectively transfers title to the property. "Title" is the legal term for property ownership; by transferring title, the previous owner gives up any rights he may have to the property. In most types of deeds, the previous owner also includes some level of promise that the title he is passing on is good, meaning that no one else has acquired rights to the property that would act to undermine the new owner's title.
Quitclaim Deeds
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In a quitclaim deed, although the deed still passes on the previous owner's title to a new owner, the previous owner makes absolutely no promises that the title to the property is good. The quitclaim deed basically functions to transfer only whatever type of title the current owner has, without in any way defining or guaranteeing that title.
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Language
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Quitclaim deeds have no well-defined form. Real estate laws vary by state, and some states may demand that certain words be used to create a quitclaim deed. Often a phrase such as "remise and release" or the word "quitclaim" itself can be used to create a quitclaim deed. However, a deed is a contract, and courts will read it as such; so long as the deed makes no promises about the quality of title to the property, courts will generally treat it as a quitclaim deed.
Effects
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In contrast to other types of deeds, which contain guarantees about the property's title, the quitclaim deed leaves the new owner with minimal legal protection if it turns out that he received imperfect title to the property. Because the quitclaim deed does not contain any title promises by the previous owner, the new owner cannot sue the previous owner based on the deed if he finds out that the title has problems. However, if the new owner was deceived by actual fraud into thinking the property title was good, courts will typically allow him to sue the party who defrauded him.
Possible Issues
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A quitclaim deed recipient may find out down the road that a previous owner already sold the property to someone else, that someone placed a lien (an ownership interest used to secure a debt) on the property, that a third party has an easement to use the property, or any number of other real estate issues that mean that the new owner doesn't really own the property outright. Buyers often choose to get title insurance or to have a professional title search done on the property, since such a search will usually reveal most of these issues.
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