A licensed Arkansas real estate agent is advising clients about the characteristics of a quitclaim deed commonly used in Arkansas property transfers. Which of the following statements about a quitclaim deed is NOT accurate?
Correct Answer
D) A quitclaim deed guarantees the grantee will receive marketable title free from all prior encumbrances.
Option D is NOT accurate. A quitclaim deed makes absolutely no guarantee of marketable title and provides no protection against prior encumbrances. The grantor merely conveys whatever interest they may have—if any—without any warranty. This is the defining characteristic that makes quitclaim deeds the weakest form of deed in Arkansas. Selecting a quitclaim deed when marketable title is required would expose the grantee to significant title risk.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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