If you’re considering selling a property in Illinois and the title was transferred to you through a quitclaim deed, you’ll want to pay close attention. A quitclaim deed is simple to create, but it can raise questions, especially when it’s time to sell. Whether the property was gifted, inherited, or transferred during a divorce, selling it later requires careful review. Understanding what a quitclaim deed does (and doesn’t do) can help you avoid title issues, delays, or lost deals.
What a Quitclaim Deed Actually Means
A quitclaim deed transfers whatever ownership interest one party has to another, without making any promises about what that interest includes. Unlike a warranty deed, which guarantees a clear title, a quitclaim deed comes with no such assurances. That’s why quitclaim deeds are most often used between people who know and trust each other, like family members or former spouses.
This type of deed in Illinois is legally valid and commonly used in estate transfers, divorce settlements, or when adding or removing a name from the title of real property. However, if you received property through a quitclaim deed and are now attempting to sell, title insurance companies and buyers may require proof that your title is clear. This is where problems can come up.
How a Quitclaim Deed Can Affect a Sale
When you go to sell the home, the buyer—and their lender—will expect a clear title. A title search is essential since a quitclaim deed doesn’t guarantee that you own the entire property free of liens or disputes. If any issues are uncovered, such as a previous owner still appearing in the chain of title, you’ll need to resolve them before closing.
You may also encounter difficulties obtaining title insurance. Most buyers require it, and insurers may flag a quitclaim deed as a red flag, especially if the prior transfer wasn’t properly recorded or if documentation is missing. These hurdles don’t make the sale impossible, but if you’re unprepared, they can lead to delays or added costs.
Steps to Take Before You List the Property
If your ownership was transferred through a quitclaim deed and you plan to sell, the first step is to order a title search. This will reveal any issues with the title that need to be addressed. If the search comes back clean, that’s a good sign. But if issues arise, you’ll want a real estate attorney to help sort them out early.
It’s also wise to speak with a title company in advance. Ask whether they will insure the sale based on your deed or require extra documentation. This will give you time to gather what you need and avoid last-minute problems during escrow.
Should You Use a Quitclaim Deed in a Sale?
In most Illinois real estate transactions, sellers use a warranty deed, not a quitclaim deed. A warranty deed provides a full guarantee of ownership and a clear title, which makes it more reassuring to buyers and lenders. If you’re selling a property you originally received through a quitclaim deed, it’s still possible to use a warranty deed to transfer it, provided you’ve verified the title is clean.
Keep in mind that using a quitclaim deed to sell property is generally not recommended. It can raise red flags and reduce buyer confidence. Unless you’re transferring property to someone with whom you already have a close relationship, providing full title assurances through a standard sale process is generally preferable.
Selling a Property Transferred by Quitclaim? Get Clarity First.
If you’re selling a home in Illinois and the title came to you through a quitclaim deed, Velazquez Consumer Law can help you review your situation and avoid surprises during the sale. Our legal team works with homeowners to ensure the title is clean and the process is smooth. Schedule a consultation to take the next step with confidence.
Velazquez Consumer Law
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