Legal Question in Real Estate Law in California
I quitclaimed a home to ex-spouse during a divorce. He subsequently quitclaimed it to an LLC corporation. Both deeds were filed in Ca. At time of both transfers the HOA fees were current. Unfortunately, the purchasing LLC corp has failed to pay any HOA fees since. Can the HOA hold me liable for fees and penalties accrued for 3 years after I quitclaimed the property? They state a quitclaim is not the same as a regular sale warranty deed and thus I am still liable for all fees accrued after transfer.
2 Answers from Attorneys
The quitclaim deed means that you make no warranty to the purchaser about your rights to sell. You gave up all your rights to the home, whatever those rights may have been. The HOA can not hold you accountable for fees incurred after you no longer held any ownership rights in the home.
A quitclaim deed is just as valid as a grant deed. The only difference is that a quitclaim deed does not carry any implied warranties in favor of the recipient of a quitclaim deed. A grant deed automatically carries certain warranties. None of these have anything to do with HOA fees that accrue after a quitclaim deed.
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