Legal Question in Real Estate Law in Pennsylvania

Sold House As Is with a QuitClaim

Before moving to Georgia we sold our house in Shamokin,Pa AS IS with a QuitClaim deed and a Notorized Contract, the people who bought the house have moved in and now refuse to pay the remaining balance of $1,700 due August 1,2008 before the QuitClaim was placed totally in their names. Can we place a lien on the house for the amount? Will sending them a certified letter help? What can we do to recieve our final payment? If they still insist on not paying will we get the house back ?


Asked on 8/31/08, 12:18 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Sold House As Is with a QuitClaim

As you noted when you filled out the form for your question, your case will be governed by PA law. In any case, your case will be decided by the documents involved. I would start by having them reviewed by an atttorney near you. Then you may need to have him/her consult with a PA attorney. However, I would be that you will get some responses in this forum from PA lawyers.

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Answered on 8/31/08, 12:29 pm
Miriam Jacobson Retired from practice of law

Re: Sold House As Is with a QuitClaim

If you also posted "Subject: Hand written Quitclaim deed legal ?", to supplement this question:

I hope that you did not permit them to move into the house before you were paid in full.

There should have been a real estate settlement, or closing, at which the full amount was paid and at which you would have signed the type of deed called for in your contract with the buyer. In Pennsylvania, that is usually a "special warranty deed". Such a deed includes a promise that her or she hasn't done anything to cause any claims by others to the property. A "Quit Claim" deed only says that you are transferring your interest, whatever that interest may be - even if you have no interest in the property.

Do you know if the Deed you signed was recorded in the County Office for recording deeds? If it was, your buyer already owns the house.

To find out what you can do about this situation, you should consult with a lawyer in the County where the house is located. A lawyer would need to gather much more information than you have put in your questions before it is possible to advise you.

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Answered on 8/31/08, 1:39 pm


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