Can I Accept a Florida Quit Claim Deed When I Purchase a Property?

Accept a Florida quit claim deedWhen purchasing a residential or commercial property, there are generally two types of deeds in Florida that will be used: a Warranty Deed and a Quit Claim Deed.

As a general rule, it is a bad idea to accept a Florida Quit Claim Deed instead of a Warranty Deed, especially if a proper title search has not been performed on the property. A proper title search should be conducted by a Florida closing attorney.

In most cases, if you purchase the property with a Quit Claim Deed, you may be subjecting yourself to many vulnerabilities, such as unpaid mortgages, unpaid property taxes, liens or encumbrances on the property, or even purchasing a property from someone who is not the owner! This is why it is generally a bad idea to accept a Florida Quit Claim Deed.

A Quit Claim Deed simply transfers any ownership the “seller” may have in the property (which could potentially be NO ownership) to the buyer without any guarantees as to the condition of the property.

There are, however, some cases where a Florida Quit Claim Deed may be acceptable, such as in a divorce, the probating of an estate (especially when there are many owners), and other specific cases.

If the seller of the property you want to purchase is offering you a Quit Claim Deed instead of a Warranty Deed or you believe a Quit Claim Deed would better fit your needs, then you should contact a Florida Real Estate Attorney immediately to ensure that you are protected.

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