Key Takeaways

  • A quitclaim bill of sale records a property transfer “as is,” with no warranties or guarantees from the seller.
  • It is often used for family transactions, tax deed sales, or informal transfers where both parties trust one another.
  • Essential details include the sale price, date, property description, buyer and seller information, and signatures witnessed properly.
  • Unlike deeds, which define what is legally conveyed, a quitclaim bill of sale serves as proof of ownership transfer and consideration paid.
  • Pros include simplicity and quick transfers; cons include lack of protection for buyers since no warranties are provided.

A quitclaim bill of sale is a legal form/instrument used to record the sale of real property that has no guarantee of conditions for the buyer (i.e., a quitclaim). The buyer in a quitclaim bill of sale accepts that the real property is being bought "as is."

The Quitclaim Bill of Sale Form

The quitclaim bill of sale form is used to record a simple transfer of ownership of the property from the seller to the buyer without any liability of the seller to provide the buyer with a warranty. The seller of the real property can declare zero obligations to the buyer when using the form.

For the buyer, the document proves their right to ownership and serves as a receipt for payment made to the seller. The buyer, for their part, can ascertain that a physical transaction occurred and that they are the rightful owner of the real property. A quitclaim bill of sale is typically used for the selling or gifting of property within an immediate family circle. It is also frequently used during the tax deed sale process, such as public auctions, where the real property is purchased.

When a quitclaim transaction has taken place and the ownership of property is transferred from the seller to the buyer, it is important to have a record of the process since there is no warranty applied to the property.

Purchasing property "as is" means the seller is not guaranteeing the condition of the property or that the property is free of defects. Unless the seller adds a warranty provision for a certain number of days, the transfer is without a warranty. The "as is" clarifies that there were no verbal or written warranties made to the buyer. This protects the seller in case of a dispute.

When to Use a Quitclaim Bill of Sale

A quitclaim bill of sale is most suitable for transfers where the parties already have an established relationship or trust, such as between spouses, family members, or close associates. It is also frequently used in tax deed sales or auctions, where properties are sold quickly without warranty. Unlike warranty bills of sale, a quitclaim form is not ideal when the buyer expects assurances about ownership, title clarity, or condition. In commercial contexts, it can be used to dispose of assets like equipment or vehicles where speed and simplicity are more important than protection.

Quitclaim Bill of Sale Information

When the quitclaim bill of sale form is initiated, the following information must be included:

  • The amount of the sale, written in words and figures.
  • The date the sale takes place.
  • A clearly detailed property description.
  • Seller's information.
  • Buyer's information.
  • The seller's signature, signed in front of a neutral witness.
  • A witness's signature validating the seller's signature.

Pros and Cons of a Quitclaim Bill of Sale

Like any legal instrument, a quitclaim bill of sale has both benefits and drawbacks:

Pros

  • Simplicity – Easy to draft and execute, with fewer formalities than warranty transfers.
  • Cost-effective – Often used for low-value assets or situations where parties want to avoid legal expenses.
  • Quick transfer – Streamlined process for auctions, tax sales, or family transfers.

Cons

  • No guarantees – The seller provides no warranties about the condition or ownership rights of the property.
  • Risk of disputes – If the seller did not have valid ownership, the buyer may face legal challenges.
  • Limited buyer protection – Unsuitable for arms-length commercial sales where the buyer needs assurance of clear title.

Because of these limitations, buyers should exercise caution, particularly when purchasing property from someone they do not know well.

Deeds and Bill of Sale

Deeds

A deed is not a bill of sale. Rather, it conveys what is legally included in the sale. This includes legal details and property specifications. It also usually includes information such as property lines, square footage, landmarks, and additional buildings.

Bill of Sale

A bill of sale transfers ownership of the real property to a buyer from a seller. A bill of sale is frequently used when purchasing a used auto, motorcycle, watercraft, or aircraft but can be used for any item that has value. The document details in writing either a transfer of property or the sale of goods from one party to another.

The bill of sale serves as a record of a sale that states a specific item was sold by a seller, on a specific date, at a specific place, and for either a specific amount of money or another property with value. It serves as a legal record that full consideration has been provided via a transaction.

With a transaction, there is a consideration, which is the value the buyer transfers to the seller in exchange for the goods/item being purchased. Money is most often used to satisfy the consideration. If no consideration is forthcoming, the contract may not be valid. Transferring property with no consideration involved is usually best done using a quitclaim deed rather than a bill of sale.

A bill of sale records specific information regarding the transfer, such as:

  • A description of the item being sold.
  • The date of the transaction.
  • The seller's information.
  • The location where the sale takes place.
  • The amount of compensation paid by the buyer for the property.

A bill of sale that contains warranties means the buyer is assured by the seller that the property being purchased is theirs and that they have the right to transfer the property. If the bill of sale does not contain warranties, you quitclaim the property and do not warrant the title.

Key Clauses in a Quitclaim Bill of Sale

To reduce disputes, a quitclaim bill of sale should clearly include certain protective clauses:

  • “As Is” Clause – States explicitly that the property is sold without any warranties, whether written or implied.
  • Consideration Clause – Identifies the payment or value exchanged, which may be money or another asset.
  • Transfer of Interest – Confirms that the seller transfers whatever interest they have in the property, even if that interest is uncertain.
  • Acknowledgment and Witnessing – Requires notarization or witness signatures, depending on state law.

Including these terms ensures the document functions as reliable evidence of the transaction, even though it offers no guarantees about the property itself.

Differences Between Quitclaim and Warranty Bills of Sale

A quitclaim bill of sale should not be confused with a warranty bill of sale.

  • Quitclaim Bill of Sale – Transfers ownership without guaranteeing the seller’s right to transfer, leaving the buyer with limited recourse.
  • Warranty Bill of Sale – Provides assurances that the seller has legal ownership and the right to transfer, protecting the buyer if ownership is later challenged.

Buyers seeking legal protection typically prefer a warranty bill of sale. However, for informal transfers or auctions, a quitclaim version remains a practical tool.

Frequently Asked Questions

1. What is a quitclaim bill of sale used for?

It is used to transfer property ownership “as is” without warranties, often in family transactions, tax sales, or informal asset transfers.

2. Is a quitclaim bill of sale legally binding?

Yes, it is legally binding if executed properly, but it only transfers whatever ownership interest the seller holds—no more, no less.

3. What should be included in a quitclaim bill of sale?

Key elements include buyer and seller details, sale amount, date, property description, and signatures witnessed or notarized.

4. How does it differ from a quitclaim deed?

A quitclaim deed applies to real estate ownership, while a quitclaim bill of sale can cover personal property such as vehicles, equipment, or goods.

5. Should I use a quitclaim bill of sale for valuable property?

Generally no. For high-value assets, a warranty bill of sale or another form with guarantees offers greater protection for the buyer.

If you need help with a quitclaim bill of sale, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.