The Quitclaim Deed. You Can Sell A House That You Don't Own! : News, Events, Tips and Resources from The Jamisons
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The Quitclaim Deed. You Can Sell A House That You Don't Own!

by The Jamison Team on 02/15/11

Normally, when you put your property up for sale, you have to present a document, called a warranty deed, which states that you are the legal owner of the property and that the title you have on hand is the original copy. But what if you don’t have the title of the property yet you have the legal rights to it? What document can you, then, present to prospective buyers? For situations such as these, the appropriate form to use is the called the Quitclaim Deed form. 

A Quitclaim Deed is a document which states that, although you may not own the property in question, nor have its title in your possession, you do have the legal right to use it and are authorized to dispose of it (through sales).  Quitclaim deeds are used you acquired the property in question through other means such as receiving it as an inheritance or when you became a co-owner by virtue of marriage. Quitclaim deeds are also for properties owned by the state but you are authorized to use through leasehold.

Quitclaim deeds are fairly straightforward. A quitclaim deed should include the names of both the buyer and the seller, the amount the buyer and seller agreed the property is worth, the location of the property, and of course, a notation wherein the seller waives or releases all his rights, interests and claims on the property. In addition to these basic information, for a quitclaim deed to be considered legal, it should bear the signatures of the parties involved, those of the witnesses and, must also carry a notarial seal and signature.

In the past, home sellers had to request lawyers or real estate agents to prepare quitclaim deeds for properties they want to put up on sale, but this has all changed now. In recent years, several real-estate related sites have been established and these sites assist those involved in real estate transactions by providing not only great tips on selling or buying a property; but also the necessary documents that will be needed to formalize any real estate arrangement.

Most real estate websites carry all sorts of real estate related documents and these can easily be purchased and downloaded by web users. The format and content of these forms have been well researched to ensure that these will be recognized by local, state and federal agencies. In each site, there is a listing of standard / generic forms but there are also forms that follow the requirements and content of specific states.

If you need real estate documents, real estate websites usually give you the option to either download forms by bulk or set, or you can purchase forms on a per piece basis, buying and downloading as the need arises. In addition, these downloadable forms, although these conform to a certain format, can easily be modified to suit your requirements. Should you wish to include more or limit the information on your Quitclaim Deed, for example, you can easily do so.

10/9/09