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Jim Said:

My son is suing me for $15k because I will not sign the title back to him for the car he paid for, will I win?

We Answered:

Sounds like you are a *****, and yes he more than likely will win, if the judge also thinks your a *****.

Martin Said:

Can someone explain deeds?

We Answered:

A deed is nothing more than a piece of paper used to convey title. It's like the title certificate to your car. You fill it out and sign it to transfer the car to another person.

The ONLY difference between a quit claim, and a warranty deed, is that a warranty deed contains certain "warranties," such as a warranty that the grantor has clear title, that the grantor has the right to convey the property, that the property is free of encumbrances, and others.

A quitclaim has NO warranties.

So, quite literally, a person conveying by quitclaim is selling "as is." If there ends up being a problem with the title, or a problem with easements, or encumbrances, then it's tough s*it. The buyer bought the property "as is." You cannot sue the seller for title defects. It's the opposite with a warranty deed. You can sue the seller for breach of whatever warranties are provided in the deed.

I can literally sell you the brooklyn bridge, and give you a quitclaim deed. But, since I never provided you a warranty that I have the legal authority to convey the brooklyn bridge, you cannot sue me.

If you receive a warranty deed from the seller of the duplex, you can sue the seller for title defects covered in the warranty deed. The fact that the seller received a quitclaim deed does not affect your rights.

Modernly, like you said, most people just have title insurance, and make a claim against the title insurer if title defects arise at a later date.