Any negative about quit claim deed?

Question

Recently I purchased the land in CA. I got quit claim deed for recording document. I want to know what are the disadvantages and advantages of quit claim deed? Can I be able to RERECORD a deed to warranty deed instead? Any affect after I build a house? Can I be able to sell with warranty deed or keep with the quit claim deed? Thanks.

Answer 1

A quitclaim deed only gives you whatever rights the assignor had. A warranty deed is a promise that the assignor will defend title against another's claim (sort of a guarantee). You can't convert a quitclaim to a warranty deed. You could record a warranty deed if the seller gives you one. You can build whatever you want to on the property now, but you should know that if someone else comes along and claims superior title, you might lose your house! Also, if you sell the land by giving a warranty deed, you are assuming all of the risks in guaranteeing title to the new purchaser. That would be a very bad move if you haven't obtained a title search.

Your quitclaim may be all the title you need, if there was no question that the person you got that deed from had fee simple title. However, before you proceed to build or sell, you would be wise to go to a local title company and have them do a title search for you. That will either let you know if there are any problems in the title, or give you piece of mind that you have clear title to the property.

Answer 2

The other two respondents are correct. You should do a thorough title search before pursuing this any further. A quit claim only conveys whatever interest the conveyor might or might not have. You cannot convert it to a grant or warranty deed without making sure your claim to the title is complete. If it turns out that the grantor of the quit claim deed was in fact the rightful owner of the property, then you are alright to move forward. However, you might also find out that there are other interest holders in the property and you will have to deal with them before you can do anything with the property. I would never try to transfer property with a quit claim deed except from myself to myself as trustee of my trust. I might also transfer to a family member from me to a spouse or child knowing that my title is good before making the transfer, but I would never accept a transfer from a stranger without a thorough title search. Then, if something bad shows up, you can blaim the title company for not finding the problem.

Answer 3

A quit claim deed does not specify who owns the property. A quit claim given by someone just says 'if I had any rights to the property, I give them up'.
It does not convey or transfer ownerhsip in a way that protects the new owner.
I would hire a realestate attorney before building a porta-potty on that land.

Answer 4

Check with a lawyer in California. In most states quitclaim deeds do not warrant anything. They are merely a conveyance of whatever interest, IF ANY, the grantor may have in the property. I could quitclaim you Rockefeller Center and it would be worthless.