Legal Question in Real Estate Law in Florida

Re: Quit claim deed

Unless the realtor is also licensed as a member of the Florida Bar, he or she would be commiting the unauthorized practice of law by preparing a Quit Claim Deed (or any other documents other than the Contract) for the Seller of a property. A realtor is expressly prohibited from preparing any closing documents by law.

The process of buying and selling real estate is far more complex than simply preparing a deed. The title must be accurately searched to ascertain if there are any liens or clouds upon the title. The transfer documents of which there are generally six instruments including the Warranty Deed, Bill of Sale, No Lien Affidavit, Non Foreign (FIRPTA) Affidavit, Affidavit for Disbursement, and Return for Transfer of Real Property must be properly prepared in order to avoid problems at the closing or when the Buyer in turn sells to another party. A realtor is not qualified or experienced to prepare documents of transfer. In addition, a Settlement Statement must also be prepared with accurate charges and prorations made.

I strongly suggest that you retain an experienced real estate attorney to handle this transaction for you.

Scott R. Jay, Esq. 305-249-8000

Re: Quit claim deed

A buyer can certainly accept a quit claim deed prepared by an agent or anyone. It must be signed by the seller and acknowledged before a notary. The deed can then be recorded with the county clerk. However, a quit claim deed has no warranties. It transfers only the title the seller has. Usually, I would not recommend a buyer accept a quit claim deed.