QUITCLAIM DEED

(Arkansas – Form Compliant with Current State Recording, Acknowledgment, and Transfer-Tax Requirements)

[// GUIDANCE: This template is intentionally drafted in an expanded, “contract-style” format so that practitioners can (a) detach and record the core conveyance pages or (b) retain the full instrument for more complex, risk-managed transactions. Delete any provisions that are unnecessary for a simple recording.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Conveyance)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution, Notary Acknowledgment & Transfer-Tax Compliance

I. DOCUMENT HEADER

1. Recording Information
   1.1 After Recording Return To:

[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]

1.2 Prepared By:

[NAME]
[FIRM OR ORGANIZATION]
[STREET ADDRESS]
[CITY, STATE ZIP]
Phone: [] • Email: []

[// GUIDANCE: Ark. law requires the preparer’s name and address to appear on the face of every recordable instrument.]

2. Documentary (Real Property) Transfer Tax
   2.1 Consideration/Valuation: $[AMOUNT]
   2.2 Tax Due: $[AMOUNT]
   2.3 Exemption (if any): ☐ Yes (cite statutory exemption) ☐ No
   [// GUIDANCE: Attach form “Arkansas Real Property Transfer Tax Affidavit of Compliance” or exemption certificate when filing.]

3. Deed Title and Parties
   3.1 Title: “Quitclaim Deed”
   3.2 Date of Deed (the “Effective Date”): _, 20
   3.3 Grantor(s): [LEGAL NAME OF GRANTOR(S)], a [STATE & ENTITY TYPE OR “individual”], whose address is [ADDRESS] (“Grantor”).
   3.4 Grantee(s): [LEGAL NAME OF GRANTEE(S)], a [STATE & ENTITY TYPE OR “individual”], whose address is [ADDRESS] (“Grantee”).

4. Recitals
   A. Grantor is the owner of all right, title, and interest in and to the real property described below.
   B. Grantor desires to convey, and Grantee desires to receive, such right, title, and interest, without warranty, for the consideration stated herein and subject to the terms of this Deed.

II. DEFINITIONS

For purposes of this Deed (including all exhibits and attachments), the following terms have the meanings set forth below:

“Closing” means the date on which this Deed is delivered to Grantee and accepted for recording in the real property records of the County.

“Consideration” means the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

“County” means [____] County, State of Arkansas.

“Effective Date” has the meaning set forth in Section I.3.2.

“Property” means the real property, together with all improvements, hereditaments, and appurtenances, more particularly described in Exhibit A attached hereto.

“Transfer Tax” means the Arkansas real property transfer tax payable under applicable Arkansas law at the time of recording.

[// GUIDANCE: Add or delete defined terms as the particular transaction requires.]

III. OPERATIVE PROVISIONS (CONVEYANCE)

3.1 Conveyance. For the Consideration and subject to the terms, conditions, and limitations herein, Grantor hereby quitclaims, conveys, and releases to Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, to have and to hold unto Grantee and Grantee’s successors and assigns forever.

3.2 Description of Property. The legal description of the Property is set forth in Exhibit A and is incorporated herein by reference.

3.3 Delivery and Acceptance. Delivery of this Deed and acceptance by Grantee shall occur upon recording; provided, however, that failure to record shall not defeat transfer of title as between Grantor and Grantee.

3.4 Consideration; Transfer-Tax Compliance.
a. Grantor and Grantee agree that the Consideration represents the fair market value (unless exempt).
b. At or prior to Closing, the Transfer Tax (or exemption documentation) shall be tendered to the County Recorder.

IV. REPRESENTATIONS & WARRANTIES

4.1 Grantor’s Authority. Grantor represents that:
a. Grantor has full power and lawful authority to execute and deliver this Deed;
b. All requisite actions and approvals, if any, have been taken to make this Deed binding on Grantor.

4.2 No Further Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, THIS DEED IS MADE WITHOUT COVENANT OR WARRANTY OF TITLE, EXPRESS OR IMPLIED, AND CONVEYS ONLY SUCH INTEREST, IF ANY, AS GRANTOR MAY LAWFULLY CONVEY.

4.3 Survival. Section 4.1 shall survive Closing; all other representations or warranties, if any, merge into this conveyance upon Closing.

V. COVENANTS & RESTRICTIONS

5.1 Restrictive Covenants of Record. The conveyance is made subject to all covenants, conditions, restrictions, easements, and rights-of-way of record affecting the Property as of the Effective Date.

5.2 Compliance Covenant (Environmental & Zoning). Grantee accepts the Property “AS IS, WHERE IS” and shall be solely responsible, from and after Closing, for compliance with all applicable laws, ordinances, and regulations regarding the Property’s use and condition.

VI. DEFAULT & REMEDIES

6.1 Limited Scope. Because title passes upon delivery, post-Closing remedies are limited to breaches of Section 4.1 or intentional fraud.

6.2 Notice; Cure. A party alleging breach shall deliver written notice and provide the breaching party ten (10) business days to cure, if curable.

6.3 Remedies. If uncured, the non-breaching party may pursue:
a. Specific performance or reformation only to the extent necessary to convey the interest described herein; and/or
b. Actual damages proven with reasonable certainty, subject to Section VII (Risk Allocation).

6.4 Attorney Fees. In any action to enforce this Deed, the prevailing party shall be entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

7.1 No Indemnification. No party shall owe indemnity to the other in connection with this Deed.

7.2 Limitation of Liability. EXCEPT FOR INTENTIONAL FRAUD, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

7.3 “As-Is” Transfer. Grantee acknowledges that Grantor makes no representation or warranty, express or implied, as to:
a. The condition of the Property;
b. Merchantability or fitness for any particular purpose;
c. The correctness of surveys, acreage, or boundary descriptions.

7.4 Force Majeure. No party shall be liable for delays in performance caused by events beyond its reasonable control, including acts of God, governmental actions, or natural disasters, provided the delayed party gives prompt notice.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the state courts located in the County.

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. No waiver of jury trial is provided herein.

8.5 Injunctive Relief. A party may seek injunctive or equitable relief only to enforce Section 4.1 or to quiet title; injunctive relief is otherwise limited.

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Deed (with all exhibits) constitutes the entire agreement between the parties regarding the conveyance of the Property and supersedes all prior understandings.

9.2 Amendments; Waivers. Any amendment or waiver must be in a writing executed by the party against whom enforcement is sought and, if affecting title, recorded to be effective against third parties.

9.3 Assignment. Grantee may assign this Deed or any interest herein only by instrument recorded in the County records.

9.4 Successors & Assigns. This Deed shall bind and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

9.5 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means (e.g., PDF, DocuSign) shall be deemed original for all purposes.

X. EXECUTION, NOTARY ACKNOWLEDGMENT & TRANSFER-TAX COMPLIANCE

IN WITNESS WHEREOF, the parties hereto have executed this Quitclaim Deed as of the Effective Date first above written.

GRANTOR

[GRANTOR LEGAL NAME]
By: ______
Name: _____
Title/Capacity: ______

GRANTEE

[GRANTEE LEGAL NAME]
By: ______
Name: _____
Title/Capacity: ______

[// GUIDANCE: Add spousal joinder or homestead waiver if required.]

NOTARY ACKNOWLEDGMENT (Arkansas – Individual)

State of Arkansas )
County of ____ ) SS

On this _ day of _, 20__, before me, ____, a Notary Public within and for said State, personally appeared ____, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My Commission Expires: ____

[SEAL]

EXHIBIT A

Legal Description of Property

[Insert full metes and bounds or lot/block/subdivision description; include parcel number and any survey references.]

[// GUIDANCE:
1. Remove sections VII and VIII if your transaction does not warrant expanded risk-allocation or dispute-resolution language.
2. Coordinate this Deed with any purchase agreement to avoid conflicting terms.
3. Confirm marital status of Grantor; Arkansas requires joinder of spouse for homestead property.
4. Verify Transfer-Tax affidavit completion before recording.
5. Leave a 3-inch top margin on the first page and 2-inch margins elsewhere, per common Arkansas recording standards.]