I am buying some property for cash. Seller wants to give me quickclaim deed. Is this a regular deed?

Asked over 1 year ago - Tyler, TX

This is for an old house with about 1/3 acre, near Whitehouse, TExas. I'm not sure if this person even owns the land. He says he inherited it.

Attorney answers (4)

  1. Timothy Paul Lester

    Contributor Level 8

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    Answered . Hello and welcome to Avvo.com.

    There are several types of deeds in Texas. Most of them deal with what type of warranty you are getting from the seller. It would be best for you to consult a Texas licensed attorney in this matter because the details of the transaction are very important.

    The QUITCLAIM deed is the weakest form of deed in Texas. Some lawyers might even say it's not a real deed at all. This type of "deed" simple means that the seller will "quit claiming" he or she owns the land, and if they do own it, its yours. If you find out later they did not own the land (the land and house are considered real property), you likely have NO recourse against the seller and have lost your money.

    The best deed would be a Warranty Deed. This type of deed requires the seller to warrant that he or she does own the land and warrants the title back to the sovereign owner (Texas, USA, or Spain, or Mexico, if you live in Texas).

    As far as learning if the seller actually owns the property, that can take a lot of legal research at the local county courthouse and is usually left to those skilled in doing so such as attorneys or title companies. If you choose to purchase title insurance, you will learn who the true owners of the land are and the insurance would protect you if later on it was determined that the chain of title was wrong.

  2. Michael T Millar

    Pro

    Contributor Level 19

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    Answered . You do not want a quit claim deed. You want a warranty deed. The "typical" deed is a Bargain and Sale Deed with Covenants against Grantor's Acts.

    Since he alleges that he inherited the property, there may be issues with state and federal taxes owed by the estate. There may also be issues with other potential heirs owning all or a portion of the property.

    You should definitely go through a title company to ensure that the property can be conveyed free and clear of liens or claims.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Andrea Lee Negroni

    Contributor Level 3

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    Answered . A quitclaim deed, as the other lawyers explained, does not give you property rights if the person who deeded the property to you does not have rights in it. Do not pay cash for real estate unless you have determined in advance that you are buying it from someone with the right to sell it. Anyone can say they inherited property, but they may not be telling the truth. Get a title search to determine if the "seller" owns the property. Otherwise you will be risking your cash and you may get absolutely nothing in return.

    This is not legal advice to any particular person. The information above is stated as a public service to AVVO... more
  4. M. Todd Miller

    Contributor Level 15

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    Lawyer agrees

    Answered . The seller is only giveing you what they own at the time of sale. There is no warranty of title in a quit claim deed.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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