Quit Claim Deed in Florida

Quit Claim Deed in Florida

Quit Claim Deed in Florida

In Florida, a piece of vacant land can legally be transferred using a quitclaim deed without using a title company, closing attorney, or real estate professional. The parties can execute and record the deed directly with the county clerk/recorder.

However, that does not mean it is a good idea in most transactions.

Here are the important distinctions:

What a Quitclaim Deed Actually Does

A quitclaim deed transfers whatever ownership interest the seller may have in the property — if any — without warranties.

Unlike a warranty deed, the seller is not guaranteeing:

  • they actually own the property free and clear,

  • there are no liens,

  • there are no boundary disputes,

  • taxes are current,

  • there are no heirs or title defects.

The buyer receives only the interest the seller has at that moment.

In practice:

  • If the seller owns good title → buyer may end up fine.

  • If the seller has clouds on title → buyer inherits those problems.

Can You Skip the Title Company?

Legally: yes.
Practically: risky.

A title company typically handles:

  • title search,

  • lien search,

  • payoff verification,

  • tax verification,

  • preparation of closing documents,

  • recording,

  • issuance of title insurance,

  • escrow handling.

Without one:

  • nobody is independently verifying ownership,

  • no title insurance is issued unless separately obtained,

  • no escrow protection exists,

  • recording mistakes can happen,

  • undiscovered liens or probate issues may surface later.

Common Situations Where Quitclaim Deeds ARE Used

Quitclaim deeds are commonly appropriate for:

  • transfers between family members,

  • adding/removing a spouse,

  • divorce settlements,

  • transferring property into a trust or LLC,

  • clearing up minor title defects,

  • gifting land.

They are less commonly appropriate for arms-length sales between unrelated parties.

Major Risks for the Buyer

Especially with vacant land, risks can include:

  • tax liens,

  • HOA liens,

  • code enforcement liens,

  • access/easement problems,

  • ownership disputes,

  • probate/heirship claims,

  • fraudulent sellers,

  • wetlands or unusable land,

  • municipal utility assessments,

  • unrecorded issues.

Vacant land fraud has become increasingly common in Florida because:

  • land is easier to impersonate ownership on,

  • many owners live out of state,

  • parcels are often purchased sight unseen.

Financing Issue

Most lenders will not finance a purchase conveyed solely by quitclaim deed without:

  • full title examination,

  • insurable title,

  • title insurance.

So cash transactions are where this usually occurs.

Florida Recording Requirements

For a Florida quitclaim deed to be validly recordable, it generally must:

  • contain legal description,

  • include grantor/grantee information,

  • be signed by the grantor,

  • have two witnesses,

  • be notarized,

  • include documentary stamp tax payment.

Documentary stamp taxes on deeds in Florida are generally:

  • $0.70 per $100 of consideration statewide,

  • $0.60 in Miami-Dade County for single-family residences (different rules may apply).

Real Estate Agent Perspective

As a Florida real estate agent, if you encounter this structure:

  • recommend the buyer obtain title insurance,

  • encourage use of a title company or real estate attorney,

  • verify the seller actually owns the parcel through county records,

  • check for open permits, taxes, and liens,

  • be cautious of urgency or off-market “cheap land” deals.

A quitclaim deed itself is not inherently suspicious — but using one to avoid a normal closing process can sometimes be a red flag.

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