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CT Real Estate: Transfer of Title, Closing, and Settlement

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All guide sections

Transfer of Title, Closing, and Settlement

Deeds

A valid deed names grantor and grantee, contains words of conveyance, a sufficient legal description, consideration (recital), the grantor's signature, and an acknowledgment for recording; it must be delivered and accepted. A general warranty deed contains the broadest covenants; a special warranty deed limits them to the grantor's own acts; a quitclaim deed conveys whatever interest the grantor has with no covenants. A fiduciary or committee deed conveys on behalf of an estate or conservatorship.

Closing and recording

Settlement reconciles debits and credits, prorates taxes and rents, pays off existing liens, and records the deed and mortgage with the town clerk, which provides constructive notice. Title insurance protects the lender (lender's policy, required with a mortgage) and optionally the owner. Connecticut imposes a state real estate conveyance tax plus a municipal tax, computed on consideration and reported to the town clerk on Form OP-236 at recording.

Connecticut seller disclosure

Sellers of most residential property of one to four units must deliver the statutory residential property condition disclosure report before the buyer becomes contractually obligated. An "as is" sale does not erase the duty, and exemptions exist - for example new construction, certain foreclosure and fiduciary transfers, and transfers between co-owners. Buyers should also receive federal lead-based paint disclosure for pre-1978 housing.

Traps

Confusing delivery with recording (recording is for notice and priority, not validity). Prorating in the wrong direction. Assuming a quitclaim deed is invalid or that a warranty deed guarantees the property is defect-free.

Rule of thumb: taxes paid in advance are credited to the seller; taxes in arrears are charged to the seller.