QUITCLAIM DEED
State of Alabama
[// GUIDANCE: This template is drafted to comply with Alabama real estate conveyance requirements, including recordability under Ala. Code §§ 35-4-20 and 35-4-50 and deed-tax disclosure under Ala. Code § 40-22-1. Insert all bracketed information, attach the full legal description, and review county-specific recording office checklists before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notarial Acknowledgment
1. DOCUMENT HEADER
Prepared By: ______
Return To: _______
QUITCLAIM DEED (the “Deed”) made effective as of [EFFECTIVE_DATE] (the “Effective Date”), by and between:
• [GRANTOR_FULL_NAME], [MARITAL_STATUS], whose mailing address is [GRANTOR_ADDRESS] (“Grantor”); and
• [GRANTEE_FULL_NAME], whose mailing address is [GRANTEE_ADDRESS] (“Grantee”).
Recitals
A. Grantor is the owner of all right, title, and interest, if any, in and to the real property described in Exhibit A attached hereto (the “Property”).
B. Grantor desires to convey to Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, and Grantee desires to accept such conveyance, upon the terms set forth herein.
C. The consideration for this Deed is [CONSIDERATION_AMOUNT spelled-out and numeric] and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
2. DEFINITIONS
Unless otherwise stated, capitalized terms have the meanings set forth below:
“Effective Date” – the date first written above.
“Grantor” – the party identified as Grantor in Section 1.
“Grantee” – the party identified as Grantee in Section 1.
“Property” – the parcel(s) of real property more fully described in Exhibit A, together with all improvements, hereditaments, and appurtenances thereunto belonging.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor, for and in consideration of the sum stated above, does hereby quitclaim, remise, release, and convey unto Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, subject to the matters set forth in Section 3.3.
3.2 Consideration & Deed Tax. Grantor and Grantee shall be jointly responsible for payment of the Alabama deed tax required under Ala. Code § 40-22-1, calculated at the statutory rate as of the Effective Date, unless otherwise allocated in a separate agreement.
3.3 Permitted Encumbrances. The conveyance is made subject to:
a. Real property taxes and assessments not yet due and payable;
b. Applicable zoning ordinances and governmental regulations; and
c. Easements, covenants, conditions, and restrictions of record, if any.
3.4 Delivery. Delivery of an executed counterpart of this Deed to the Grantee or the Grantee’s recorded agent shall constitute valid and effective delivery.
3.5 Conditions Subsequent. Recording of this Deed in the land records of [COUNTY_NAME] County, Alabama, shall be a condition subsequent to the transfer of title.
4. REPRESENTATIONS & WARRANTIES
4.1 Disclaimer of Title Warranties. THIS DEED IS MADE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. GRANTOR MAKES NO REPRESENTATION THAT THE TITLE IS GOOD OR MARKETABLE AND HEREBY DISCLAIMS ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
4.2 Authority. Grantor represents solely that Grantor has full lawful authority to execute and deliver this Deed.
4.3 Survival. The limited representations in Section 4.2 survive delivery and recording; all other obligations merge into delivery of this Deed.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute such additional instruments as may be reasonably necessary to effectuate the intent of this Deed.
5.2 No Additional Covenants. Except as expressly set forth herein, no covenants running with the land are created.
6. DEFAULT & REMEDIES
6.1 Failure to Record. If Grantee fails to cause this Deed to be recorded within [90] days after the Effective Date, Grantor may seek specific performance compelling such recording.
6.2 Attorneys’ Fees. In any action to enforce Section 6.1, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
6.3 Limitation of Remedies. Injunctive relief is limited to enforcement of recording or delivery obligations; no monetary damages shall be recoverable from Grantor other than return of consideration actually received.
7. RISK ALLOCATION
7.1 Indemnification. None. Each party bears its own risk and liability.
7.2 Limitation of Liability. Grantor’s aggregate liability arising out of or relating to this Deed shall in no event exceed the consideration actually received by Grantor.
7.3 Force Majeure. Neither party shall be liable for delays caused by events beyond its reasonable control, including governmental delays in recordation.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by the substantive real estate laws of the State of Alabama without regard to conflict-of-laws principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the state courts of [COUNTY_NAME] County, Alabama.
8.3 Arbitration. Expressly excluded.
8.4 Jury Waiver. None (jury trial right preserved).
8.5 Injunctive Relief. Limited as provided in Section 6.3.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior discussions and writings.
9.2 Amendments. This Deed may be amended only by a writing executed by both Grantor and Grantee.
9.3 Successors & Assigns. This Deed is binding upon and inures to the benefit of the parties and their respective successors and assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original, and signatures delivered electronically shall be deemed originals for all purposes.
10. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR_FULL_NAME]
Date: _______
GRANTEE:
[GRANTEE_FULL_NAME]
Date: _______
ALABAMA NOTARIAL ACKNOWLEDGMENT
State of Alabama )
County of [COUNTY_NAME])
I, __________, a Notary Public in and for said State, hereby certify that [GRANTOR_FULL_NAME], whose name is signed to the foregoing instrument, and who is known to me (or satisfactorily proven) to be the person described therein, acknowledged before me on this day that, being informed of the contents of said instrument, (s)he executed the same voluntarily on the day the same bears date.
Given under my hand and official seal this _ day of _, 20___.
Notary Public
My Commission Expires: __
EXHIBIT A
Legal Description of the Property
[INSERT FULL METES-AND-BOUNDS OR PLATTED LOT DESCRIPTION]
[// GUIDANCE: Attach any surveys or plats required by the county recorder. Verify that the description matches the last conveyance of record.]