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How is real property transferred in Idaho?

Ownership of real property in Idaho is transferred through the execution and delivery of a deed. A deed is a legal document that transfers ownership of real property from the seller to the buyer. In Idaho, the most common types of deeds are the Warranty Deed and the Quit Claim Deed.

  • Warranty Deed: A warranty deed is a deed in which the seller (grantor) guarantees that they have clear title to the property and that they have not encumbered the property with any liens or judgments. The buyer (grantee) is entitled to the full rights of ownership and can take possession of the property free and clear of any encumbrances.

  • Quit Claim Deed: A quitclaim deed is a deed in which the seller (grantor) transfers any interest they have in the property to the buyer (grantee), but does not make any guarantees about the status of the title. The buyer takes the property "as is" and assumes the risk of any outstanding liens or encumbrances.

The transfer of ownership is completed when the deed is executed and delivered by the seller and accepted by the buyer. The deed must be signed by the seller, acknowledged by a notary public and recorded with the county recorder's office where the property is located. The recording of the deed is important because it serves as notice to the public that the ownership of the property has been transferred and provides constructive notice of the new ownership. Getting signatures and delivering signed documents to all parties, including the county recorder, are usually taken care of by your closer, which usually the title officer.

It's important to note that the process of transferring ownership of real property in Idaho may vary depending on the specific details of the transaction, and it's important to work closely with a real estate attorney or other professional to ensure that everything is done correctly.

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