[ME] We are selling a piece of land to a neighbor. Can we record a quitclaim deed without a formal closing?

ME Real Estate Law

Jessica B

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In Maine, a bill of sale is typically used for personal property (like vehicles or general items), not real estate. The executed and notarized quitclaim deed is the correct legal document for transferring the real property, and it does not require a separate "bill of sale" to be valid or recorded. (33 ME Rev Stat § 763)

Once the deed is signed, it may be recorded at the clerk of court to make it official. It is not required for the buyer to do a title search. (33 ME Rev Stat § 201)

Maine Quit Claim Deed

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We are "selling" 1/2 acre to a next-door neighbor. He paid for a survey. We have a signed and notarized quitclaim deed. This is a barter. He did some tree work for us and billed us $4,500. We are selling the property for $3,500. We will pay him the balance. We are trying to create a bill of sale.

Does that need to be notarized? After we have all signed, do we need a formal closing, or if we are all satisfied, can we just go and register it at the courthouse without getting a local lawyer involved to handle the closing?

Can we just go to the courthouse and register the deed to make it legal, then finish the "agreement" after that? Does the buyer have to do a title search?

Lexi, Chatbot

I understand that navigating the sale of property can be complex, especially with a barter involved. Have you already discussed the specifics of the bill of sale with your neighbor?

I don't know.

Lexi, Chatbot

Are there any local regulations or requirements in your area regarding property transfers that you are aware of?

I don't know.

Jessica B

Thank you for reaching out! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response momentarily. I understand that navigating the sale of property can be complex, especially with a barter involved. Have you already discussed the specifics of the bill of sale with your neighbor?

We have all agreed on everything and just need to make it official. All money has been exchanged. Everyone is satisfied. We are in Waldo County, Maine.

Jessica B

Once the deed is signed, it may be recorded at the clerk of court to make it official. It is not required for the buyer to do a title search. (33 ME Rev Stat § 201)

So, if that's been notarized, and everyone is satisfied, can we just personally go to the Waldo County Registry of Deeds and make it official?

Jessica B

Yes, that is correct.

They are building on the lot and need something "official" to get permits, etc. The quitclaim deed is sufficient for them?

Jessica B

It is best to execute a Real Estate Purchase Contract along with the quitclaim deed.

I thought you just told me we didn't need one. I'm confused!

Jessica B

Yes, I understand. What I am saying is a Real Estate Purchase Agreement outlines the terms of the barter and the paying of the balance. It is not required. Only the deed is required. The written agreement ensures there are no disputes in the future.

Okay, so it's just for clarity between the parties? It's much more complicated than it needs to be. It doesn't give a place to actually describe the transaction. But since I've paid for it, we can finalize it. I will just attach a property description and a summary of the barter agreement on the back.

Jessica B

Correct.

Will it cost us money to register the deed?

Jessica B

Yes, there is a small recording fee—usually under $50.

Who, the buyer or seller, is responsible for registering the deed?

Jessica B

Either. The law does not dictate one or the other.

Any other questions I should ask?

Jessica B

It is highly recommended to have a local attorney prepare the deed to ensure everything is correct. Please let me know if I may be of assistance in the future. Thank you.

The deed was prepared by a local attorney and we signed and notarized it.

Jessica B

Perfect! You should be all set.

Thank you, Jessica! Goodbye.

Jessica B

Thank you.

Jessica B

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