Quitclaim Deed

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What is a quitclaim deed?

A Quitclaim Deed is a legal document that transfers property from one person to another without any kind of guarantee or warranty from the seller. A seller literally “quits” his or her “claim” to the property, and gives those rights to the buyer.

Common examples of uses for a quitclaim deed:

• Selling a property to another without performing a title examination or obtaining title insurance
• Gifting a property to another
• Transferring property to a living trust or a limited liability company
• Resolving a “cloud” on title
• Avoiding probate with a survivorship deed or a Transfer-on-Death affidavit

In a transaction with title insurance, we typically recommend the use of a Warranty Deed instead, which is a document where the seller warrants or guarantees that the seller holds good title to the property. This deed provides better protection for the buyer.

Why hire an attorney to draft your deed?

In Ohio, only an attorney can draft a deed for others. All title companies must use an attorney to draft deeds.

Many clients ask why they need to engage a lawyer to draft a deed if they can download a form off the Internet. The obvious answer is that the recorder’s office is happy to take your money now and accept a defective deed. Errors won’t be noticed for years, sometimes decades, down the line. By that time, it’s often too late to reach the seller to correct the problem.

What kind of mistakes can happen?

Here’s a short list of potential issues that we commonly see when property owner try their hand at drafting their own deeds:

• Dower not released by a spouse
• A deed conveys property to a minor child
• A trade name or trust without a trustee is named
• Legal description is incorrect or references the wrong parcel
• Notary clause not properly drafted or improperly filled out
• Grantee’s name misstated or omitted
• Grantee’s corporation or LLC not registered with the state

All of these issues and more can cause a deed to become void. Don’t let this happen to you!

Our resident experts use a thorough checklist to evaluate each transaction to ensure the highest quality. Whether you need a full closing or simply a quitclaim deed, we can help you get it done quickly and smoothly.

OK, I’ll hire an attorney. What does it cost?

Most lawyers charge a high hourly rate for their time talking to you, drafting the deed, and driving it to the recorder’s office. The volume of deeds we do enables us to extend a special rate to you rarely seen in the industry–we will draft and record your deed for a low fixed rate.