David Saks: August 2014

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Real Estate Practice : Lesson 3560


The quitclaim deed provides the least protection of all of the deeds that I've discussed up until now.

It hasn't got any covenants or warranties and basically conveys only the interest or whatever interest the grantor may have when the deed is delivered to the grantee.

If the grantor doesn't have any interest neither will the grantee and the grantee gets nothing.

Also, the grantee isn't given any rights to make a warranty claim of any kind against the grantor.

On another note, a quitclaim deed can convey title just as well as a warranty deed if the grantor has a good title when the deed is delivered, but none of the guarantees are included like you would have with a warranty deed.

The language includes the words 'remises, releases and quitclaims'.

The quitclaim is the most common instrument used to cure a defect of title commonly referred to as a cloud on the title.

A classic example is one where the buyer or grantee's name is misspelled on any warranty deed that's been filed in the register's office or in the public record.

A quitclaim deed may be given to a grantee to correct the spelling and make the title good.

A simple transfer of property is another common use for the quitclaim deed.

What experiences have you had with a quitclaim deed?

David Saks

Time&Temp Memphis

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Comment balloon 2 commentsDavid Saks • August 04 2014 06:21PM
Real Estate Practice : Lesson 3560
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