Can You Sell a Property During a Quiet Title Action?

If you’ve ever discovered that your property has a “cloud” on its title, you’re not alone. Title issues can arise for many reasons, a prior owner’s unpaid mortgage, an old lien, an error in a deed, or even a fraudulent claim. When that happens, a quiet title action may be necessary to legally “quiet” or clear those claims.

In simple terms, a quiet title action is a lawsuit filed to establish clear ownership of real property. Once resolved, the court issues a judgment confirming who the rightful owner is and removes any competing claims.

But what if you want to sell the property while this legal process is still ongoing? Can you? Let’s break it down.

Can You Sell a Property During a Quiet Title Action in Florida?

Technically, yes, you can sell a property that’s involved in a quiet title action. However, practically speaking, it’s often very difficult, and rarely advisable, to do so before the case is resolved.

Here’s why:

• Most buyers (and their lenders) won’t close on a property with a pending title dispute.
• Title insurance companies won’t issue a policy until the title is fully cleared.
• The court’s decision could affect who actually owns the property, and that uncertainty scares away potential buyers.

So, while the law doesn’t prohibit selling, the market and financing realities usually make it impractical.

Why Title Clarity Matters Before a Sale

When a quiet title action is pending, it means ownership is still being contested or confirmed. If you were to sell during this period, a buyer could inherit your legal dispute, and no one wants to buy a lawsuit.

In Florida, a buyer’s due diligence typically includes a title search. That search will reveal the pending quiet title case, and the buyer’s attorney or title company will likely advise against proceeding until it’s resolved.

Moreover, if the court later rules against you, the sale could be voided or complicated by claims from the other party.

Simply put: selling before resolution can create more problems than it solves.

How Long Does a Quiet Title Action Take in Florida?

The timeline varies depending on how complex the dispute is and whether all interested parties are properly served. On average, a quiet title action in Florida can take anywhere from three months to over a year.

Factors that can extend the process include:

• Difficulty locating or serving all claimants
• Objections or counterclaims from other parties
• Court backlog or scheduling delays

If speed is your main concern, an experienced real estate litigation attorney can help move the case efficiently and handle procedural hurdles to avoid unnecessary delays.

Options if You Need to Sell Quickly

Sometimes, circumstances require a sale even before the title is fully cleared,  for example, in estate matters or urgent financial situations. While not ideal, there are a few possible approaches:

1. Assigning Your Interest: You may be able to sell your interest in the property, rather than the property itself. The buyer would then step into your shoes in the quiet title action and assume the risk.
2. Escrow Arrangements: In limited situations, the sale can be structured so that funds are held in escrow until the quiet title action is complete. This approach, however, requires a buyer willing to wait and a carefully drafted contract.
3. Settlement or Negotiation: If the dispute involves a single claimant or lienholder, your attorney might be able to negotiate a quick settlement, allowing the case and the sale to close faster.

Why You Should Consult a Real Estate Litigation Attorney

A quiet title action involves both procedural precision and strategic foresight. The steps you take during the process, including any attempted sale, can affect your ownership rights and financial outcome.

An experienced real estate litigation attorney can:

• Review your title history and identify the source of the cloud
• Advise whether a sale is feasible or too risky
• Draft or review any contracts tied to a pending quiet title case
• Represent you in court to expedite resolution and secure clear title

The Bottom Line

You can technically sell a property during a quiet title action, but it’s rarely worth the risk. Most buyers, lenders, and title companies will refuse to move forward until ownership is confirmed by a court judgment.

Before making any moves, speak with a Florida real estate attorney who can evaluate your case and guide you through the best strategy, whether that means waiting, negotiating, or structuring the transaction differently. At Ayala Law, we help property owners protect their investments, resolve disputes, and clear title issues with efficiency and precision.

If you’re dealing with a title dispute or considering selling during a quiet title action, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].