In a Sale
What This Means When the House Is Being Sold
These show up in an estate's chain of title more often than families expect, often used years earlier between siblings or a parent to add or remove someone from a deed, sometimes without full understanding of what it accomplished. Because a quitclaim carries no warranty, it can leave a title question unresolved rather than settled, which a title search on the estate property will surface.
A quitclaim is rarely the right instrument for a sale to a buyer, since it offers no protection. It is more often used to clean up an old title problem before that sale can happen, such as documenting a deceased co-owner's interest before the property goes to market.
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Not to Be Confused With
- This TermQuitclaim Deed
- Often Mistaken ForGrant, Bargain, and Sale Deed
- Often Mistaken ForChain of Title
- Often Mistaken ForDeed
What Tells Them Apart
A quitclaim deed carries no warranty about title at all, while a grant, bargain, and sale deed carries limited warranties and is the standard form for an actual sale. A quitclaim is often used to fix an old problem in the chain of title rather than to convey property to a new buyer, which is where the grant deed generally belongs instead.
Questions
Questions People Ask
Can an estate be sold to a buyer with a quitclaim deed?
It is generally not the right instrument for a sale to a new buyer, since it carries no warranty about the title being clear. Nevada sales typically use a grant, bargain, and sale deed instead. A quitclaim more often appears earlier, clearing up an old title issue before the property is ready to list.