What type of deed should I use to transfer property in South Carolina?

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Question:

What type of deed should I use to transfer property in South Carolina?

Answer:

Deciding what type of South Carolina deed transfer to do depends on a wide variety of different factors. There are certain deeds that provide more protection to buyers, while there are other deeds that simply transfer an ownership stake without imposing any obligation on the person doing the transfer. Therefore, before you do any kind of transfer of real property, you need to understand the different deeds available. 

  • A quitclaim deed is one option, and the option that provides the least protection for the buyer or the person having the land transferred into his name. With a quit claim deed, the current owner just transfers exactly the rights he has in a property, with no guarantees about anything. In other words, if he owns a property, but someone else also has a claim on it because a lien has been placed on it, then he transfers only the ownership stake he has. The lien goes with it, and the new owner now has a property with a lien on it. The seller doesn't make any promises here about whether there are other claims or not
  • A grant deed is another choice. With this the seller promises that he didn't do anything to create competing claims on the property. In other words, he essentially promises he didn't already sell part of the ownership and he didn't acquire any liens or do anything else that gave someone else a claim. He does not, however, promise that the property comes totally free and clear of any competing ownership stakes. If he bought it with a lien already on it, then that lien will stay on it when it transfers to the new owner. Since he didn't get the lien put on there, he wouldn't be responsible for it
  • A warranty deed is a third option and the one that provides the best protection for the buyer. Here, the seller warranties that there are no other claims, from anyone else, on the rights to the property. 

Which lien to use depends, therefore, on how much protection you want to give to the person taking control of the land, and whether there are any competing claims on the land. A lawyer can help to evaluate the situation and determine what is best, and you shouldn't do such a transfer without this legal advice. 

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