This warranty covers both the period when the grantor owned the property and the period before the grantor owned the property. With a warranty deed (also called a general warranty deed), the grantor guarantees that he or she has clear title to the property.This lack of liability distinguishes quitclaim deeds from other types of deeds, such as warranty deeds or special warranty deeds. The grantor is not liable if the title is defective. The grantee simply takes whatever title the grantor has. With a quitclaim deed, the grantor makes no assurances. The distinguishing feature of a quitclaim deed is the lack of a warranty of title. If a deed makes a warranty of title, the transferee can sue the transferor over any title issues. A warranty of title is a legal guarantee from the transferor to the transferee that there are no title issues. If the property has no title issues, it is said to have clear title. Title issues often require legal action to fix and can decrease the value of real estate. Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys. Deeds without warranty are discussed below. Like a quitclaim deed, this type of deed provides no warranty of title. Some states recognize another form of deed-called a deed without warranty or no warranty deed-that is the functional equivalent of a quitclaim deed. There is no such thing as a quick claim deed. Some laypeople call a quitclaim deed a quick claim deed, but this is based on confusion and is always incorrect. Some state laws have a preference for one form over the other, but both are technically correct. A quitclaim deed may be properly referred to by that name or with spaces between ( quit claim deed). The terms quitclaim deed and quit claim deed are interchangeable. Because there is no warranty of title, the grantee cannot sue the grantor for failure to convey clear title. But if the prior owner did not own the property-or if the prior owned the property, but there are issues with title-there is nothing that the grantee can do. If the prior owner has title to the property, the quitclaim deed will transfer title to the grantee named in the deed. But the grantor is not responsible if there are any problems with the title (or if it turns out that the grantor did not have title at all). When property is transferred by quitclaim deed, the person who receives the property ( grantee) gets whatever title the transferor ( grantor) has. This language is included in all of our deeds.Ī quitclaim deed passes the prior owner’s interest in real estate to the new owner, but makes no guarantees that the owner has an interest in the property or has good title to the property.
A quitclaim deed (sometimes called a quick claim deed or quit claim deed) is a special deed form that transfers property with no warranty of title.Ī quitclaim deed requires special language to ensure that the deed qualifies as a quitclaim deed.
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