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Updated on January 31st, 2023
An Arizona quit claim deed conveys property without any guarantee that the title is free of defects. The grantor releases their interest in the property to the grantee, who in turn accepts the title despite there being no guarantee that the grantor has the right to convey in the first place. Title issues that may appear in the form of un-probated wills, liens, encumbrances, or public record errors will be the grantee’s responsibility.
A quit claim deed provides a way to clear up typographical errors such as a missing signature or misspelled name on the title, or it may facilitate the transfer of property between family members or spouses.
- Statute: § 33-402(1)
- Formatting: § 11-480
- Signing (§ 33-401): Notary Public
- Where to record (§ 11-468): County Recorder’s Office
- Recording fees (§ 11-475(A)(1)): $30
- Forms:
- Affidavit of Property Value: This must be filed with all deeds unless it meets an exemption listed in § 11-1134.
- Homeowner’s Association (HOA) Addendum (§ 33-1260, § 33-1806): If the property being transferred is situated in a planned community or the property is a condominium this addendum must be provided to the grantee.
- Property Disclosure Statement (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986): This form must be provided by the grantor to the grantee prior to any property transfer, it outlines any known material defects on the property.
- Swimming Pool Disclosure (§ 36-1681(E)): This notice, provided by The Arizona Department of Health Services, must be provided to grantees if the property has a pool to provide them with knowledge regarding pool safety and responsibilities.
- Unincorporated Area (§ 33-422): A property located in an unincorporated area, meaning an area without a municipal government, cannot be sold unless the buyer is provided with this document.
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