Tag Archives: Quit Claim

We need to start any discussion about Quit Claim deeds by making sure everyone is using the correct term. Way too many times you hear even experienced professionals call them “Quick Claim” vice the correct “Quit Claim.” Words mean things, and the difference in what one word vice the other sets the mind to can get people in trouble.

When you say “Quick” – people think that it is a way to make things move fast. In a fashion, it does, but it doesn’t describe its function. “Quit” is the critical word, in that it accurately describes what is going on. It also helps define what makes it different than Warranty deeds we reviewed last week.

Any deed will transfer an interest in land from the grantor to the grantee, but a “Quit Claim” deed provides no warranty at all to the buyer. The grantor is only providing the grantee interest he may have in the property; none, some, or all.

What the grantor is not telling the grantee with a Quit Claim deed is:
– That he owns ALL the interest in the property (there may be others owners he is or is not aware of – you are only getting his interest).
– That there are no liens, judgments or other encumbrances against the property.
– That the grantor has any interest in the property at all (I can “Quit Claim” the Brooklyn Bridge if I want. It just means I am giving you 100% of my 0%).

In summary, with a Quit Claim deed, you are only getting whatever interest the grantor has, if any, without any guarantees. Because of the limited nature of a Quit Claim deed, except in a few very narrow cases, an underwriter will not write Title Insurance on a Quit Claim deed alone. If you find yourself in a transaction where the seller offers only a Quit Claim deed, let us know early and we will help you review your options. It does not have to be a deal killer in all cases – just some.

Returning to where we started, help everyone out when you hear someone else use “Quick” instead of “Quit.”

Quash quips on Quick Claim; it’s Quit Claim, and quite the non-quixotic quibble!

You can get the PDF of the above title tip here.