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Property Ownership TransferDeeds_nyMEDIUM

James owns property in Manhattan and executes a quitclaim deed to his business partner Karen. The deed is properly signed, acknowledged, and delivered. Later, it is discovered that James never actually owned the property due to a forged deed in his chain of title. What are Karen's rights against James?

Correct Answer

A) Karen has no recourse against James because quitclaim deeds contain no warranties

A quitclaim deed contains no warranties or covenants about the grantor's title. James only conveyed whatever interest he had, if any. Since a quitclaim deed makes no promises about the quality or existence of title, Karen has no recourse against James when it turns out he had no title to convey.

Answer Options
A
Karen has no recourse against James because quitclaim deeds contain no warranties
B
Karen can sue James for breach of the covenant of seisin and recover damages
C
Karen can force James to provide a warranty deed with full covenants
D
Karen can void the transaction and demand return of any consideration paid

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Related Topics & Key Terms

Key Terms:

quitclaim_deedno_warrantiestitle_defectsgrantor_liability
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