A New York Quitclaim Deed form transfers property ownership or interest from the owner (the grantor) to another person (the grantee).
A quitclaim deed does not require a title search on the property, so there is no guarantee that the title is free of any claims, liens, or encumbrances.
A warranty deed is used when the buyer wants to be certain that there is no cloud on the title, meaning that there are no liens or other claims on the title.
New York has other types of deeds, but two common property deeds are warranty deeds and quitclaim deeds.
New York Quitclaim Deed Laws and Requirements
All laws regarding the conveyance of real property can be found in Chapter 50, Article 8 of the Consolidated Laws of New York. Section 258 contains the specific language for quitclaim deeds.
Laws
A deed is a legal document, so it must conform to certain requirements. To be valid, all deeds for the transfer of property:
- Must be in writing
- Must be signed by the grantor
- Must conform to the requirements of the appropriate county or city
Legal Description
The legal description should match the description of previous deeds and should include the map and plat number, the surveyor’s description, the lot number, and the street address.
A deed may only contain the development lot number and have the legal description attached as an exhibit. Be sure your deed has the entire description.
Signing
New York Real Property Laws Section 306 requires quitclaim deeds to be signed by the grantor in the presence of a notary public. The grantee does not need to sign.
Acknowledgments
The notary must acknowledge that the signature was made by the grantor and include or attach an acknowledgment or jurat attesting to the signature.
Some notary publics attach their jurat as a separate page, so be sure this is also included with the deed when it is recorded.
Terminology
In New York, a quitclaim deed needs specific language in the body of the deed. A model template looks like this:
Witnesseth, that the party of the first part, in consideration of ………… dollars, lawful money of the United States, paid by the party of the second part, does hereby remise, release, and quitclaim unto the party of the second part, …………… and assigns forever, all (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Be sure that the grantor’s name is written exactly as the grantor will sign it.
If the grantor signs as Jim Smith, do not write it in as James R. Smith III or the deed may be invalid.
Transfer Tax
A real estate transfer tax is charged by New York state and county governments for transfers of the property when the consideration exceeds $500.
The tax rate is $2 for each $500 of consideration. There are additional taxes where the consideration exceeds certain amounts starting at $1 million. The tax is due at the transfer time and is generally paid by the grantor.
Some types of property transfer are tax-exempt, such as gifts and bequests, transfers into trusts, and transfers that merely change the character of the property, such as adding or removing a spouse.
If you are unsure whether your quitclaim deed is tax-exempt, you should consult a property attorney.
Additional Documents
In New York, you must file several additional documents with the County Clerk and your quitclaim deed.
- New York State Counties – Real Property Transfer Report (Form RP-5217) and Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax (Form TP-584)
- New York City Only (Bronx, Brooklyn, Manhattan, Queens, Staten Island) – Real Property Transfer Report (Form RP-5217NYC) and Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax for the Conveyance of Real Property Located in New York City (Form TP-584-NYC)
Witnesses
You do not need a witness for a New York quitclaim deed. Only a notary is required.
Recording
Per New York Real Property Laws Section 291, the deed and all related forms are filed with the New York County Clerk’s office where the property is located.
Most counties charge a nominal recording or filing fee, usually per page. These fees are posted on the county website.
How to Write & File a Quitclaim Deed in New York
Take the steps below to write and file a New York quitclaim deed.
Step 1 – Obtain Quitclaim Deed Form
Select the appropriate form and fill it out in its entirety.
Step 2 – Fill in Preparer’s Details
Enter the document preparer’s name and address on the first page. Underneath this, in the section titled “After Recording Return To,” enter the name and address of the person who will receive the paperwork when the County Clerk’s Office is finished recording. This is typically the buyer.
Step 3 – Document Consideration
Write out the total amount paid for the property transfer spelled out in words and numerically.
Step 4 – Write Grantor’s Information
List the full name and address of the seller, known as the Grantor.
Step 5 – Enter Grantee’s Details
List the full name and address of the buyer, known as the Grantee.
Step 6 – Fill in Property County
Write the county where the property is located.
Step 7 – Note Property Legal Description
Enter a detailed legal description of the property and include the physical address of the property.
Step 8 – Get Deed Notarized
The Grantor will sign the deed and print their name below. The signature must be properly acknowledged by a notary public.
Step 9 – Fill Out Tax Forms
Fill out the appropriate tax forms. For properties in New York City, use TP-584-NYC and RP-5217NYC. For properties in counties outside New York City, use TP-584 and RP-5217.
Step 10 – File Your New York Quitclaim Deed Form
File the form with the County Clerk’s Office in the county where the property is located. Pay the appropriate recording fees and taxes based on the county’s rules.
Sample New York Quitclaim Deed
Below is an example of what a New York quitclaim deed looks like.
New York Quitclaim Deed Sample
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