Can quitclaim deeds create warranty liability?

A quitclaim deed is a legal instrument that is used to transfer whatever interest the grantor has in a property to the grantee, without making any warranties or guarantees about the title. This means that the grantor does not provide any assurances regarding the quality of the title or whether any liens, encumbrances, or claims exist against the property.

The fundamental purpose of a quitclaim deed is to enable quick and simple transfers of property, often used in situations such as transferring property between family members or resolving title issues. Because the deed does not include any warranty clauses or implied promises regarding the property’s title, it inherently does not create warranty liability. The recipient of a quitclaim deed accepts the property as-is, essentially stepping into the shoes of the grantor without any legal remedies if issues arise related to the title or ownership.

In summary, since a quitclaim deed lacks the warranties that typically come with general warranty or special warranty deeds, it cannot create liability for the grantor regarding the property's title, making the statement that it cannot create liability accurate.