Legal Question in Real Estate Law in Virginia

Re: quick claim deed

With a "Quit Claim" deed ( often mispronounced) the Grantor, or Seller conveys the property without warranty of title--in other words, the Grantee, or Buyer gets whatever the Grantor/Seller owns. This means the new owner takes the property subject to any liens or claims that someone else may have in the property. A title search often will flush out any such issues, but a buyer should be aware of the limited recourse should someone have a claim on the property.

Re: quick claim deed

A Quit Claim deed is used in a transfer of property without any type of warranty. In other words, the seller will "give you whatever he has". If he has a property with many liens on it, he will transfer the property to you liens and all. If there are any title defects... he gives them to you as well: he will not be liable in the future nor obliged to correct the defects or release the liens. My suggestion is to never take a quit claim deed without a title search especially if money is being paid as consideration (which is normally the case). Title searches are very important because even though they are not 100% fool proof, they will for the most part bring to light any known (recorded) defects/liens and so forth that affect the title. As it often is the case, quit claim deeds are used in divorce proceedings and to remove people from title when the parties simply do not want to have to deal with each other anymore for whatever reason. Mind that these deeds are not bad deeds, I see them everyday in my practice... you just have to be cautious when accepting one.

Sincerely,