Warranty Deed vs. Quit Claim Deed

When you?re in the process of selling (or purchasing) a house, you will most likely, encounter several kinds of documents: all with different names and with different uses and functions. Two of the most misunderstood documents are the warranty deed and the quit claim deed. Many think that these two forms are alike, but they are not.

A warranty deed is a document which the seller presents to you and is used in majority of all sales transactions. The warranty deed simply states that the seller owns the property being sold and that it is free from any sort of liens. By presenting a warranty deed, the buyer is assured that the holder of the title has the legal right to transfer ownership of the unit and is assured that no one (financial institution or other creditors) would come after him to make a claim on the property. In the eventuality that someone does lays claim to the property that has just been purchased (or that the claims stated in the warranty is erroneous), the buyer is further protected by law, and would be entitled to receive a form of compensation. Warranty deeds seldom stand alone as these documents are usually backed up by a title insurance policy.

A quitclaim deed, on the other hand, is presented to a buyer by someone who does not necessarily own the property being sold, but holds responsibility for it. This occurs due to several reasons such as when the owner dies and bequeaths the property to one of his heirs, or when there is a marriage and the owner wants to include the name of his/her spouse to the title (among others). A quitclaim deed offers a lower level of protection to buyers. This kind of document is used primarily when the property in question will just stay within a family.

Incidentally, there are times when both a warranty deed and a quitclaim deed are presented to a potential buyer. An example is when the property lies on the border of rivers and or lakes; where ownership of the underwater land on which his property stands on remains unclear.

If you are unsure which kind of deed works best for your property, consult a real estate agent or a real estate lawyer.



Posted by Ken Joiner on December 13, 2008 at 12:00 AM

About Ken Joiner
Ken Joiner is affliated with Bridger Realty, which is located in Bozeman, MT. For further assistance please use the contact information located on the right.



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How To Find Good Real Estate Broker

The value of hiring a real estate broker lies in the fact that they can assist you in the process of either buying or selling a house. A good broker would know how to get proper financing, prepare your home for inspection and help you until the closing date. Just make sure your broker represents your best interest as there are brokers who represent both the buyer and seller in a transaction.

The best sources of information on where to find a good real estate broker are your friends and family who recently bought or sold a home. Ask them to refer you to a broker who is easy to contact. A good indication of a dedicated broker is the one who returns your calls immediately. Do steer away from those who can?t seem to find the time to call you back, no matter how good their referrals are. Other sources of information are newspaper ads and the internet. Try to visit open houses in your neighborhoods, as this is also a converging place for agents and brokers.

Before establishing any formal business relationship, determine just how much your broker asks for commission. This is important as some brokers ask for fees when handling closing documents, apart from the agreed commission.

Always make sure that the broker?s personality fits your own, as you?ll expect to spend a lot of time with him during the whole buying or selling process. If you can establish faith and trust with your broker, then you know you have found a good one. A good broker should also make you feel important and treat your transaction as urgent. Logically, a full-time broker or agent is much preferable to one who just works part-time.

Scrutinize the training your broker had and whether he?s familiar with current trends, especially in using the internet. A technology-savvy broker indicates the willingness to stay on top of his profession.

If you are selling, determine how your broker will market your house and ask for written marketing plan. See to it that your broker will get your property featured in several listings. Also, ask your broker if he?s willing to offer a commission to the buyer?s agent, as there are buyer?s agent who only deal with seller?s agent willing to give them a commission. Needless to say, this would facilitate your transaction.

Avoid brokers who ask you to sign exclusivity contract for several months. This is only beneficial if manage to find a dedicated broker. The downside, of course, is when you find a broker who gives less-than-respectable performance. Try to ensure that you protect your interests at all times. Lastly, never ever give your broker money up front. These professionals earn when your property gets sold, and not a minute less. When a broker tries to ask for any remuneration before any work gets done, it?s time for you to seek another one.



Posted by Ken Joiner on December 13, 2008 at 12:00 AM

About Ken Joiner
Ken Joiner is affliated with Bridger Realty, which is located in Bozeman, MT. For further assistance please use the contact information located on the right.



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As of 05/23/12 the Ken Joiner RePage is ranked at 9,141 with 265 points.


Local Information for Bozeman, MT

Latitude: 45.67789 -- Longitude: -111.047274


ZIP Codes for Bozeman, Montana 59715  59717  59718  59719  59771  59772  59773 
Area Code for Bozeman, Montana 406
Time zone for Bozeman, Montana MST


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William Clark visited the area in July 1806 as he traveled east from Three Forks along the Gallatin River. The journal entries from Clark's party briefly describes the future city's location in a place the local natives called the "Valley of the Flowers" [2]. In 1863, John Bozeman, along with a partner named John Jacobs, opened the Bozeman Trail, an offshoot from the Oregon Trail leading to the mining town of Virginia City through the Gallatin Valley and the future location of the city of Bozeman. John Bozeman, with Daniel Rouse and William Bealle platted the town in 1864 stating "standing right in the gate of the mountains ready to swallow up all tenderfeet that would reach the territory from the east, with their golden fleeces to be taken care of...". The Indian Wars closed the Bozeman Trail in 1868, but the town's fertile land attracted permanent settlers. -- Source: Wikipedia.com




Montana 2000 Census Population Profile Map

Bozeman Montana United States
Population 27,509 902,195 281,421,906
Median age 25.4 37.5 35.3
Median age for Male 24.9 36.6 34
Median age for Female 26.2 38.5 36.5
Households 10,877 358,667 105,480,101
Household population 24,608 877,433 273,643,273
Average household size 2.26 2.45 2.59
Families 5,019 237,407 71,787,347
Average family size 2.85 2.99 3.14
Housing units 11,577 412,633 115,904,641
Occupied units 10,877 358,667 105,480,101
Vacant units 700 53,966 10,424,540

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Ken Joiner - Bridger Realty
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Bridger Realty


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