For many individuals in New York who are looking to buy, sell, or transfer their real estate, a quitclaim deed is likely an important part of the process. A quitclaim deed can provide a fast and easy way to transfer real estate to someone else. But given the complexity of real estate laws and regulations in New York, it’s important to be knowledgeable about the specifics of quitclaim deeds if you are going to use one. Here are the top five things you need to consider when using a quitclaim deed in New York.

Make Sure the Quitclaim Deed is Properly Executed

Before a quitclaim deed in New York is legally binding, it must be properly executed, notarized, and recorded. To be properly executed, the deed must include the grantor’s signature and a short description of the property being transferred. Usually, the grantor and the grantee will sign the deed in the presence of a Notary Public. The Notary Public will then attach a page to the deed with their signature and a rubber stamp. Once the deed is notarized, it must be filed with the County Clerk’s office in the county where the property is located. Once recorded, the quitclaim deed is officially valid.

Know Your Rights and Limitations

When using a quitclaim deed in New York, it’s important to be aware of your rights and limitations. The rights that come with a quitclaim deed are different than under a standard purchase and sale agreement. With a quitclaim deed, the grantor is only transferring the rights that they have in the property. They are not necessarily transferring any title or ownership, or any guarantee of clear title. Therefore, the rights that come with a quitclaim deed can vary depending on the grantor’s rights in the property.

Understand the Warranty Level of the Deed

When signing a quitclaim deed in New York, it’s important to understand the warranty level of the deed. The warranty level has to do with the level of protection that the grantee is receiving from the grantor. Generally speaking, there are three different levels of warranty: general warranty, special warranty, and quitclaim warranty. With a general warranty, the grantor is guaranteeing that they have a clear title to the property and that the property doesn’t have any liens or encumbrances. With a special warranty, the grantor is only guaranteeing the title of the property for the time that they have held it. And with a quitclaim warranty, the grantor is not making any warranties or guarantees whatsoever.

Be Aware of Any Liens, Encumbrances, or Mortgages

When using a quitclaim deed in New York, it’s also important to be aware of any liens, encumbrances, or mortgages that may be attached to the property. In order for a quitclaim deed to be valid, all of these issues must be addressed and taken care of before the deed is finalized. This means that any outstanding debts or mortgages must be paid off before the deed is recorded. Any liens must be released or waived. And if there are any encumbrances, they must be disclosed and agreed upon between the grantor and grantee.

Discuss the Deal with an Experienced Local Attorney

Finally, if you are dealing with a quitclaim deed in New York, it’s a good idea to discuss the specifics of the deal with an experienced local attorney. An attorney can provide valuable guidance on the legal aspects of the deal and can help make sure that the deed is properly drafted and recorded according to the laws of New York. They can also help make sure that all of the parties involved in the transaction understand their rights and obligations.

UpCounsel’s network of experienced attorneys are experienced in all matters legal, including real estate transactions and quitclaim deeds. They can provide high quality, cost-effective legal services to help make sure that your quitclaim deed is legally binding and that all parties are protected.


Quitclaim Deed,

Real Estate,

New York