What is a Quitclaim Deed?

In Louisiana, a “quitclaim deed” is a type of conveyance instrument used to transfer or assign the rights one person holds in immovable property to another person for a price in money. The seller typically transfers whatever ownership interest or other rights the seller has in the property to a buyer. However, the transfer or assignment of the rights is made without the seller guaranteeing that they actually have a good title or that there are no other claims against the subject property. 

Notably, a “quitclaim” does not provide the same protections as a traditional warranty deed. Essentially, the seller is conveying to you whatever rights they have to the property, which could be full ownership, partial ownership with defects, or even no ownership at all.

In other words, a quitclaim deed (often informally called a “quick claim” deed) is not truly a deed of warranty, but more of an assignment of rights. It can work just as well as a warranty deed if the seller’s title is clean, but it can also be worthless if there is a title defect anywhere in the chain of ownership that has not been resolved. A quitclaim deed is essentially the seller saying: “I will transfer to you whatever rights I have — but I make no promises.”

Because of these risks with the Title, I generally caution against using quitclaim deeds unless absolutely necessary. In most cases, I recommend that Buyers insist that their property transfers be handled through a reputable title company that can perform a proper title examination, issue title insurance, and/or confirm that the deed provides a full warranty of a clear title.

— Answer by Attorney Samuel Ducote, Lake Charles, LA. 

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Legal Disclaimer: This explanation is provided as a brief summary for general informational purposes only. It should not be relied upon exclusively or applied to the facts of any specific case without first consulting a licensed attorney who is fully aware of the facts and legal issues involved in your situation. The viewing or reliance upon this legal summary does not create or establish an attorney-client relationship. No assertions made herein shall be taken to guarantee a specific result or outcome in a legal dispute or case. Should you have further questions, contact an attorney. 

While Ducote Law Firm, LLC handles all aspects of Real Estate Litigation and property and title disputes, our firm is not a Title Insurance Company, nor a transactional-focused law firm. That said, we can provide legal advice on title-related issues and refer you to a local Title Company for any Real Estate Closings or title insurance needs.

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