An Idaho quitclaim deed is a legal instrument used to transfer property ownership quickly and without guarantees about the title’s quality. This document simply passes whatever interest the grantor has in the property to the grantee without ensuring that the property is free of other claims or liens. In Idaho, this type of deed is often preferred when the property is transferred between family members or to clear up a title issue.
Using a quitclaim deed form is a quick and effective way to handle transfers that don’t require the guarantees typically associated with a sale. However, because it offers no warranties, the person receiving the property (known as the grantee) takes on the risk of any title issues that may emerge later.
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Quitclaim deeds are governed by specific sections in Idaho Statutes that outline how these documents must be drafted, executed, and recorded.
For a quitclaim deed to be legally valid in Idaho, it must be signed by the grantor. Furthermore, according to Section 55-805 of the Idaho Statutes, a notary public must acknowledge the grantor’s signature.
Those transferring residential property in Idaho may need to handle additional documentation in addition to the quitclaim deed. According to Section 55-2504, sellers of residential real property comprising four or fewer units must complete and provide a Residential Property Disclosure Statement to the buyer. This statement must be given within ten days of receiving a purchase offer and should disclose any known issues with the property.
According to Idaho Statutes, Section 55-808, the deed should be recorded with the county recorder in the county where the property is located.
Idaho Statutes, Section 55-612, specifically mandates that the word “grant” implies certain warranties about the property’s title, so it should not appear in a quitclaim deed.
Regarding recording fees, as outlined in Section 31-3205, the cost is $15 for the first thirty pages of the deed, with an additional fee of $3 for each page thereafter.
Adhering to state regulations is essential to guarantee a seamless transfer. This is the correct way to complete and file a quitclaim deed in Idaho:
Recording the deed officially transfers the property and provides public notice of the new ownership.
