Can I sell my house avia a quit claim deed and then the buyer can bring an action for quiet title regarding an easement?

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Can I sell my house avia a quit claim deed and then the buyer can bring an action for quiet title regarding an easement?

I just inherited my father’s 1 acre and prefab house. When trying to sell it I was made aware there is an easement. Someone gifted half the acre a while back but my paperwork states an acre. I know that I can do a quiet title to clear it up but I don’t want too for financial reasons. So, can I sell my house as a quit claim deed and let the buyer do the quiet title when he buys it to clear up this?

Asked on June 23, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you can: a quitclaim deed is a valid way to sell property, since it is legal to not "warrant" good title, but rather to only sell whatever title or interests you happen to have, which is what a quitclaim does. You have to divulge or disclose the existence of the issue to any prospective or actual buyers, and make clear that they would only be getting a quitclaim and not a warranty deed; otherwise, if fail to disclose those facts, you'd be committing fraud.


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