A Vermont quitclaim deed is a document that transfers real estate ownership with no warranty of title. This legal form is often used when property is gifted or conveyed without a sale. The simplicity of a quitclaim deed in Vermont makes it an attractive option for straightforward property transfers, but it also carries risks.
Since the grantor does not warrant the quality of the title, the recipient (grantee) takes the property as-is, potentially with all attached liens, claims, or other encumbrances. If there are any title issues, the grantee has limited legal recourse against the grantor. Other forms of deeds provide more security and guarantees regarding property ownership.
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Vermont Statutes Annotated provides detailed guidance on how these transactions should be handled.
Under Vermont law, any deed, including a quitclaim, must be signed by the party granting the property. Furthermore, the grantor’s signature must be acknowledged before a notary public (27 V.S.A. § 341).
The Property Transfer Tax Return (Form PTT-172) is required when recording a quitclaim deed in Vermont (32 V.S.A. § 9602).
Once signed and notarized, the quitclaim deed must be recorded with the town clerk where the property is located. A purchaser can also record the deed or other conveyance with the certificate of its record from the town clerk’s office to the county clerk’s office where the property lies (27 V.S.A. § 402).
Vermont’s statutes do not explicitly detail the format for quitclaim deeds beyond the standard legal requirements for documents conveying real estate.
The town clerk charges fees for recording documents. The cost is typically $15.00 per page (32 V.S.A. § 1671). Fees may vary slightly depending on the town or county, so it is advisable to confirm the exact costs with the local clerk’s office where the property is located.
By following these procedures, you can guarantee a seamless and legally sound property transfer in Vermont through a quitclaim deed.
Complete the Quitclaim Deed Form
Begin by filling out the grantor’s (person giving the property) and grantee’s (person receiving the property) full names and addresses. If applicable, specify the amount paid for the property in numeric and written form.
Include a complete legal description of the property, which can be attached as “Exhibit A.” Ensure all fields on the form, such as the Tax Parcel ID Number and homestead status, are correctly filled out to avoid processing delays.
Signatures and Notarization
The grantor must sign the quitclaim deed in the presence of a notary public. The notary acknowledgment section of the deed will confirm that the grantor understands and agrees to the terms of the property transfer.
Prepare Additional Required Documents
In Vermont, this typically includes the Property Transfer Tax Return. The Form PTT-172 is necessary to properly assess and pay any applicable transfer taxes and must be filed concurrently with the quitclaim deed.
Record the Deed with the Town Clerk
Take the completed and notarized quitclaim deed to the town clerk’s office where the property is located. Submit the deed along with all additional forms and documents for recording. The clerk will review the documents for completeness and compliance with Vermont’s statutory requirements. Pay the recording fee based on the number of document pages.
It is advisable to get several certified copies of the recorded deed for your records and any future legal needs.