Legal Question in Real Estate Law in New Mexico
Deeds
What is the difference between a Quit Claim Deed and a Warranty Deed?
Asked on 8/27/08, 11:21 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Deeds
A Quit Claim deed transfer only the ownerhsip the signer has, and makes no guarantees that s/he has any. I will, for example, give you a Quit Claim deed to city hall for $100.00, as I own no interest in it. I will not, of course, give you a Quit Claim deed to my house, as I do own more than a $100.00 interest in it. A Warranty deed guarantees the signer has full, complete and good title to the property, and that s/he has the right to transfer it. If I gave you a Warranty deed to city hall you could sue me for violation of my guarantee to you that I owned it. A warranty deed guarantees title; a Quit Claim deed does not.
Answered on 8/27/08, 12:05 pm