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A quit claim deed is a document that transfers the grantor’s rights, if any, to real estate. The deed contains no warranties of title and offers no protection to the grantee if a question of ownership arises in the future.
The state of Louisiana does not provide a statutory form for quit claim deeds. The basic rules for conveyances are mainly identified in Civil Code § 1833, which explains the need for an authentic act to convey title and rights to a specific parcel of real property. An authentic act is a written agreement that is executed (signed) in front of a notary and two witnesses who are not otherwise involved with the transaction. CC 2502 provides a rationale for quit claim deeds when it explains that a person "may transfer to another whatever rights to a thing he may then have, without warranting the existence of any such rights." CC 2503 suggests that, because warranty against eviction is implied in every sale, in order to meet the obligations for a lawful conveyance, the document must state explicitly that no such warranty exists. |
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