University of Central Florida (UCF) BUL3130 Legal and Ethical Environment of Business Practice Exam 2

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When is a Quitclaim Deed considered valid?

When given by a real estate agent only

When issued in a finalized divorce or bankruptcy court

A Quitclaim Deed is considered valid primarily when it is issued in a finalized legal context such as a divorce or bankruptcy court. This type of deed transfers whatever interest the grantor has in the property without making any guarantees about the title's status. In situations like divorce or bankruptcy, division of property is often legally mandated; thus, a Quitclaim Deed serves as a formalized method to transfer property rights from one party to another as part of these proceedings.

The specificity of the legal processes involved—such as finalized orders from a court—ensures that the transfer is binding and recognized by law. This legal underpinning gives the Quitclaim Deed its validity in such scenarios, making it essential for resolving equitable distribution of property between parties, like ex-spouses or creditors.

The other scenarios mentioned do not provide the same level of legal assurance or transactional integrity. For example, a Quitclaim Deed used solely by a real estate agent lacks the necessary context and authority to effectuate the transfer. Similarly, an informal agreement does not carry the weight of legal validation that court orders provide, and including implied warranties would change the nature of the Quitclaim Deed, which is specifically designed to avoid warranties and guarantees regarding the property title.

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When presented during an informal agreement

When it includes implied warranties

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