Can I sell my house via a quit claim deed and then the buyer can bring an action for quiet title regarding an easement?
Question Details: I just inherited my father's 1 acre and prefab house. When trying to sell it I was made aware there is an easement. Someone gifted half the acre a while back but my paperwork states an acre. I know that I can do a quiet title to clear it up but I don't want too for financial reasons. So, can I sell my house as a quit claim deed and let the buyer do the quiet title when he buys it to clear up this?
Yes, you can: a quitclaim deed is a valid way to sell property, since it is legal to not "warrant" good title, but rather to only sell whatever title or interests you happen to have, which is what a quitclaim does. You have to divulge or disclose the existence of the issue to any prospective or actual buyers, and make clear that they would only be getting a quitclaim and not a warranty deed; otherwise, if fail to disclose those facts, you'd be committing fraud.