A quitclaim deed, also called a quitclaim, a non-warranty deed, or a quitclaim deed form refers to a legal instrument that records the conveyance of real property from one person to another or from an entity to another. The party conveying the property is the grantor while the party that receives the real property is a grantor.
Thanks to its ease of use, the quitclaim is one of the most common forms of real estate deeds used. However, this does not mean that the quitclaim is a perfect document. The imperfection in a quitclaim comes from the fact that the document offers no warranties. When using the quitclaim as proof of transferred ownership interests, you do not receive any warranties on the past conditions of the property’s title, and in other cases, the grantor might not be the actual legal owner of the deed. Therefore, the rights or interests transferred using the deed only represent the rights owned by the grantor at the time of the transfer.
In short, a quitclaim has no warranties on the title and the title transferred to a grantor might be defective. Some of the issues that make a title defective include title errors in the public records, missing heirs, unprobated will, undisclosed encumbrances, unknown liens on the property, and boundary issues, among others.
[Your Name], hereinafter referred to as the "Grantor," hereby executes this Quitclaim Deed to convey any and all interest, rights, and claims in and to the following described real property, situated in [Location], hereinafter referred to as the "Property," to [Recipient's Name], hereinafter referred to as the "Grantee":
[Description of the Property, including legal description and any other identifying details]
The Grantor warrants that the Grantor is the lawful owner of the Property and has full authority to convey the same, but makes no other warranties, express or implied, regarding the Property. This Quitclaim Deed is made and delivered subject to any and all encumbrances, liens, easements, restrictions, rights-of-way, covenants, and conditions of record affecting the Property.
The Grantor specifically disclaims any liability or responsibility arising from or related to the Property, including but not limited to:
The Grantor shall indemnify and hold harmless the Grantee from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising from or related to any breach of the warranties and representations contained herein or the use, ownership, or occupancy of the Property.
This Quitclaim Deed is executed and delivered as of the date first above written.
[Your Signature]
[Your Printed Name]
STATE OF [State] COUNTY OF [County]
On this _____ day of _____, 20, before me, a Notary Public in and for said County and State, personally appeared [Your Name], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
(Seal)
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