How does a quit claim deed work in Florida?

In Florida, a quitclaim deed lets the grantor transfer whatever title they hold to the grantee. The grantor doesn’t guarantee the title to be free and clear.

Oppenheim Law
2500 Weston Rd Suite 209
Fort Lauderdale, FL 33331
954-384-6114

FULL TRANSCRIPT: Hi. Attorney Roy Oppenheim here. A lot of times people are asking me what is a quit claim deed? So a quit claim deed is a type of deed that transfers your interest in real estate. It’s not like a warranty deed or a special warranty because you’re basically going to transfer whatever interest you may have in real estate to someone else. So it’s a form of deed but unlike a warranty deed or a special warranty deed, you’re not warranting that you actually have an interest in real estate. You’re just saying that any interest you may have, you are disposing of.

Now a lot of times people will walk into a title company and ask if they just have a quit claim deed prepared for them. And we strongly advise against that. We think anyone who is going to have a quit claim deed prepared for them or is going to receive a quit claim deed ought to have an attorney involved. The reason for that it gets very complicated very quit in terms of what the status of title is when you transfer that quit claim.

And a lot of times people don’t understand that they may have more value in the real estate than they think and they’re just signing something that they don’t fully understand what the consequences and the ramifications are. And so whenever we’re requested to prepare a quit claim deed, we always do a title search, we always look at the entire scenario and the situation, holistically advise the individual why executing quit claim deed is appropriate or inappropriate, and what rights they are forgoing and if they’re getting the proper consideration or proper value for the execution of providing that quit claim deed.

And, of course, the same goes the other way if you’re receiving a quit claim deed. What are you really receiving? Are you really getting all the benefits of the real estate that you think you are? So in either event, we’d be glad to assist you. Attorney Roy Oppenheim for Oppenheim Law. Have a great day. Oppenheim from Oppenheim Law. Please call us, we’re here to help you. Have a great day.