Quitclaim Deeds
Andrew David Easler, Esq.
Published
Updated
Can a Quit Claim Deed Be Revoked in Florida?
Generally no. Once signed, delivered, and accepted, the transfer is final. A court can set it aside for fraud, duress, undue influence, or lack of capacity, or the grantee can deed it back.
Generally, no. A Florida quit claim deed cannot be revoked once it has been signed, delivered, and accepted. It transfers the grantor's interest to the grantee without warranties, and the transfer is final.
Why It Is Final:
Completed transfer: once the grantor signs and delivers the deed and the grantee accepts it, the grantor has no remaining rights in the property and cannot take it back alone.
Recording: recording with the clerk of court is not needed for the transfer to be valid between the parties, but it gives public notice and protects the grantee against later buyers and creditors. Recording does not change whether the deed can be revoked.
Exceptions:
Fraud, duress, undue influence, or lack of capacity: a court can set aside a deed obtained this way. The person challenging the deed must prove it.
Agreement: if both parties agree, the grantee can sign a new deed transferring the property back. The original deed is not cancelled. A second deed reverses it.
Before Signing:
Both parties should understand that a quit claim deed is permanent. An attorney can explain the effect before the deed is signed. Owners who want to keep the power to change their mind may be better served by a lady bird deed.
Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.
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