Can I sell my house with a quick claim deed or doI need to use a real estate agent?

UPDATED: Aug 29, 2011

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Can I sell my house with a quick claim deed or doI need to use a real estate agent?

I own a house that I want to sell and know the person who wants to buy it. There is one lien against the house, which will be cleared.

Asked on August 29, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you intend to sell your home without the use of a real estate agent or an attorney, you can do so in any state of this country. However, before you close the sale, you need a written contract with the buyer setting forth the terms and conditions of the sale (price, escrow's close date, any carry back loan by the seller, type of title being given for example) and all required written disclosures given to the buyer about the property being sold, dated and signed by him or her before close of escrow.

You should also have the escrow handled by an escrow company.

Most buyers when they purchase real estate want a grant deed for the property as opposed to a quit claim deed. A grant deed is a warranty deed from the seller waranting that the seller has the right to make the transfer. A quit claim is simply a deed releasing all rights that the person signing it has in the property to another.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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