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Should we file a new quitclaim deed or correct the original deed?

Should we file a new quitclaim deed or correct the original deed?

Full question:

We sold a Hawaii Timeshare for $1.00. We filed a quitclaim deed in Honolulu. After it was recorded, it was discovered there was a typo on the unit number (off by one digit). Do we just file a NEW quitclaim Deed or do we AMEND or CORRECT the original deed? Does it make any difference which we do? Isn't the first deed null and void because it is not the correct unit number? We live in FL (in MA for the summer) and the new owners are in WA.

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Florida

Answer:

The deed needs correction. The approach depends on whether the mistake was made by administrative personnel. To clear title issues, a quiet title action or a trespass to try title action may be necessary. In a quiet title action, a court can order corrections to property records. You may also contact the recorder's office for their procedures regarding this issue.

According to Hawaii Land Court Rule 65, no alterations or amendments can be made to the registration book after a certificate has been entered, except by court order. However, clerical errors made by the assistant registrar's office can be corrected by them. Additionally, any registered owner can petition the court for corrections related to errors, omissions, or changes in ownership (Haw. Land Court Rule 65).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does a quit claim deed work in Hawaii?

A quitclaim deed in Hawaii transfers ownership interest in a property without guaranteeing that the title is clear. It simply conveys whatever interest the grantor has, if any. This type of deed is often used to transfer property between family members or in situations where the parties know each other well. However, because it does not provide warranties, the grantee assumes the risk of any title issues. It's important to ensure that the deed is properly recorded with the appropriate county office to establish public notice of the transfer.

What are the disadvantages of a quit claim deed?

The main disadvantage of a quitclaim deed is that it offers no protection against title defects. The grantor does not guarantee that they own the property or that there are no liens or encumbrances. This can leave the grantee vulnerable to legal issues regarding ownership. Additionally, quitclaim deeds may not be suitable for transactions involving significant value or when the buyer does not know the seller well, as there is no recourse if problems arise after the transfer.

How does a quitclaim deed work in Hawaii?

A quitclaim deed in Hawaii functions similarly to other states, allowing a property owner to transfer their interest in a property without providing any warranties about the title. This means that if there are any issues with the title, the new owner may not have any legal recourse against the seller. Quitclaim deeds are often used in family transfers or to clear up title issues. It's essential to have the deed properly executed and recorded to ensure that the transfer is legally recognized.