Glen Allen, VA asked in Real Estate Law for Maryland

Q: Can I buy a property with Quit Claim deed and sell it with Warranty deed in future?

I am planning to buy a foreclosure property in Laurel MD. The title is transferred via a Quit Claim Deed. Later point of time after I am the owner, can I sell that property without any issues transferring the title using a Warranty deed?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: Yes, as long as it clears a title search, which you might order before you buy it on a quitclaim deed. The quitclaim protects you from the seller & auctioneer’s claims. You remain exposed to claims from anyone in title before them including the foreclosed party. There is a reason foreclosure properties sell at a discount. Know what you are buying.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

Cedulie Renee Laumann agrees with this answer

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: Quit claim deeds raise red flags in a title search but they don't prevent the person who gets property this way from making greater warranties.

Essentially the person giving property through a quit claim says "I don't know if I own this property but if I own it, I give it to you." There are no guarantees (warranties) that the seller really owns the property. A title search can help figure out if the seller had good title.

The standard type of deed in Maryland is a special warranty deed. Regardless of how someone came to acquire property, if the owner intends to sell for full price and/or the buyer is financing the purchase, the deed will nearly always be a special warranty deed. Common exceptions are for family transfers or inherited properties.

As another attorney noted, a buyer would be wise to know what they are getting before paying for a quit claim deed. While not legal advice, I hope this helps!

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