A quit claim deed form (also referred to as a quick claim deed form or quitclaim deed form) is often used in Florida to transfer title to real estate in situations where the person transferring the property does not want to be liable for any warranties of title.
With a quitclaim deed, the transferor is not guaranteeing that he or she owns the property. The quitclaim deed only transfers whatever interest the owner happens to have.
The primary difference between a Florida quitclaim deed form and a Florida warranty deed form is the language used to transfer title.
The language of conveyance for a Florida warranty deed will usually follow the statutory language by providing that the transferor is “granted, bargained and sold” the property to the transferee.
A quitclaim deed, by contrast, will usually use language that does not warrant title. For example, a quitclaim deed could state that the transferor is “does hereby remise, release, and quit-claim” the property to the transferee. Or, the deed may state simply that the transferor “does hereby quitclaim” the property. Either way, no language is included that would leave the seller liable for any defect in title.
These seemingly minor differences in language can have significant consequences for both the transferor and the transferee, so it is important to be sure that the language (as well as the legal description) is exactly right.
As with all deeds, it is important to draft the deed to meet Florida recording requirements. There may be some variations between counties, so you may want to check with your county to find out if there are any specific requirements to include. Failure to meet recording requirements could cause the document to be rejected or result in additional recording fees as a non-compliant document.