Question 1

What are the use limitations of a quitclaim deed in Florida?

Accepted Answer

Use limitations: no warranties of title (the grantee receives no protection against title defects), no after-acquired title (unlike a warranty deed, a quitclaim deed does not convey any interest the grantor acquires after the deed is executed), limited marketability (title based on a quitclaim may be unmarketable; a buyer or lender may refuse to accept it), and tax implications (documentary stamp tax is still owed on the consideration paid; Section 201.02). The deed is limited to transferring whatever interest the grantor has at the time of execution.

Question 2

What is "after-acquired title" and why does it matter for quitclaim deeds?

Accepted Answer

After-acquired title: under a warranty deed, if the grantor later acquires the interest they purported to convey, the interest automatically passes to the grantee (the doctrine of estoppel by deed). Under a quitclaim deed: the doctrine does NOT apply. If the grantor quitclaims property they do not own, and later acquires it: the grantee does NOT automatically receive the interest. The grantor would need to execute a new deed to convey the after-acquired interest.

Question 3

How does a quitclaim deed affect title insurance in Florida?

Accepted Answer

Title insurance impact: title insurance companies may: refuse to insure title based solely on a quitclaim deed (because the deed provides no warranties), require a quiet title action (to confirm the grantor’s ownership before issuing insurance), or insure with exceptions (the policy may exclude coverage for claims arising from the quitclaim deed). Best practice: if the grantee needs title insurance, consider: obtaining a warranty deed, or having the grantor’s title verified through a comprehensive title search.

Quitclaim Deed Use and Limitations

Quitclaim Deed Use Limitations in Florida

Key Limitations

After-Acquired Title

Title Insurance

Related Terms

Barnes Walker Real Estate

Ready to Get Started?