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What must be included in a deed?
Property deeds are used to convey real property from a granter (seller) to a grantee (buyer). For a deed to be legally operative, it must include the identification of the granter and grantee, and the adequate description of the property.
What must a valid deed contain?
For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.
What is not a requirement of a valid deed?
An acknowledgment technically is not required for a deed to be valid. However, in most states, a deed without an acknowledgment cannot be recorded in the official public records. It is usually not necessary to record a deed for the transfer of title to be valid.
What makes a deed voidable?
A deed executed in blank, without designation of a grantee, is also void. In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
Who can prepare a deed?
Whoever has their name on the deed is the rightful owner of the home, so it's one of the most important documents in buying or selling a home. The seller typically prepares the real estate deed, usually with the help of a title company or an attorney to ensure the property transfers successfully.
How much does it cost to prepare a deed?
Rates vary by state and law office but typically fall in the range of $200 to $400 per hour. Title companies routinely prepare quitclaim deeds in many states. Fees for title companies vary, but a market scan shows an average of $100 to $200 for a simple quitclaim deed.
Can anyone draft a deed?
Each state will vary as to precisely what information must be included on a deed, but generally, you can draft a valid deed on any type of paper and no special form is required. However, all states require that the deed be in writing.
Who can create a deed?
Anyone can create a real estate deed. In most cases, a deed is created by a party involved in the transaction, or someone acting on behalf of one of the parties, such as a title agency or an attorney. County and state specific forms can be purchased from deeds.com and office supply stores.
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