QUITCLAIM DEED
(California – [COUNTY NAME] County)
[// GUIDANCE:
1. Maintain a 2.5" × 2.5" blank upper-right corner on Page 1 for the recorder’s use (Gov. Code §27361.6).
2. Use 10-pt type or larger, black ink, 8½″×11″ white paper with minimum ½" margins elsewhere.
3. This template assumes no consideration/warranty liability beyond transfer tax disclosure.
4. All bracketed items [LIKE THIS] require attorney customization before execution.
]
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO
Name: [REQUESTING PARTY NAME]
Address: [ADDRESS]
City/State/ZIP: [CITY, STATE ZIP]
Attention: [CONTACT PERSON]
APN: [APN]
Document Title: QUITCLAIM DEED
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibit A – Legal Description
- California Acknowledgment (Civ. Code §1189)
1. DOCUMENT HEADER
This Quitclaim Deed (this “Deed”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [ENTITY TYPE / MARITAL STATUS], whose address is [GRANTOR ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [ENTITY TYPE / MARITAL STATUS], whose address is [GRANTEE ADDRESS] (“Grantee”).
Recitals
A. Grantor is the sole holder of whatever right, title, or interest Grantor may have in and to the real property located in the County of [COUNTY NAME], State of California, more particularly described in Exhibit A attached hereto (the “Property”).
B. Grantee desires to acquire, and Grantor is willing to convey, all of Grantor’s right, title, and interest in the Property without covenant or warranty of any kind, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows.
2. DEFINITIONS
For purposes of this Deed, the following capitalized terms have the meanings ascribed below:
“County Recorder” – the Office of the Recorder for [COUNTY NAME] County, California.
“Deed” – this Quitclaim Deed, including all exhibits, schedules, and any properly executed amendments.
“Documentary Transfer Tax” – the tax imposed under Cal. Rev. & Tax. Code §11911 et seq., as applicable.
“Property” – the real property, together with all improvements, fixtures, and appurtenant rights, described in Exhibit A.
“Recording Date” – the date this Deed is officially accepted for recordation by the County Recorder.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Subject to the terms of this Deed, Grantor hereby remises, releases, and forever quitclaims to Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, to have and to hold the Property unto Grantee, Grantee’s heirs, successors, and assigns forever.
3.2 Consideration. This conveyance is made for [INSERT CONSIDERATION – NOMINAL, LOVE & AFFECTION, ETC.] and other valuable consideration, the adequacy and receipt of which are hereby acknowledged.
3.3 Transfer Taxes. The Documentary Transfer Tax is $[AMOUNT] and is [ ] computed on full value of property OR [ ] computed on full value less liens/encumbrances remaining at time of sale].
[// GUIDANCE: If exempt, insert “Transfer tax is $0.00; this conveyance is exempt under Rev. & Tax. Code §11930–11931” and check applicable box.]
3.4 Delivery & Acceptance. Delivery of an originally executed counterpart by Grantor and acceptance by Grantee shall occur upon (a) physical delivery, (b) delivery via escrow, or (c) simultaneous electronic transmission of executed PDF counterparts coupled with physical delivery of originals within five (5) business days.
3.5 Recording. Either party, or the escrow holder if any, shall cause this Deed and the attached California Acknowledgment to be recorded in the official records of [COUNTY NAME] County promptly following execution and, if applicable, close of escrow.
3.6 Possession. Possession of the Property shall transfer to Grantee upon the later of (a) the Recording Date, or (b) [INSERT POSSESSION DATE IF DIFFERENT].
3.7 Preliminary Change of Ownership Report (PCOR). Grantee shall complete and deliver the PCOR required by Cal. Rev. & Tax. Code §480.3 concurrently with submission of this Deed for recording.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents that Grantor has full power and authority to execute and deliver this Deed and to convey whatever right, title, or interest Grantor may possess in the Property.
4.2 No Further Representations. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER.
4.3 “As-Is” Conveyance. Grantee acknowledges that Grantee has had the opportunity to inspect the Property and accepts the Property “AS-IS,” “WHERE-IS,” and “WITH ALL FAULTS,” including, without limitation, any environmental conditions. Grantee assumes all risks associated with the Property upon the Recording Date.
4.4 Survival. The limited representations contained in Section 4.1 shall survive recording of this Deed for a period of twelve (12) months and shall thereafter be of no further force or effect.
5. COVENANTS & RESTRICTIONS
5.1 Compliance with Law. Grantee shall comply with all applicable federal, state, and local laws, ordinances, regulations, and orders affecting the Property.
5.2 No Further Covenants. Grantor expressly disclaims and refuses to bind itself to any present or future covenants running with the land except as may be (a) expressly set forth in this Section 5 or (b) created by operation of law.
6. DEFAULT & REMEDIES
[// GUIDANCE: A traditional quitclaim deed is unconditional once delivered and accepted; however, in the unlikely event the deed is delivered through an escrow with conditions, consider including default triggers below.]
6.1 Event of Default. Failure of either party to perform any material obligation expressly stated in Sections 3.4 (Delivery & Acceptance) or 3.5 (Recording) shall constitute an “Event of Default.”
6.2 Cure Period. The non-defaulting party shall give written notice specifying the Event of Default, and the defaulting party shall have five (5) business days to cure.
6.3 Remedies. If the default remains uncured, the non-defaulting party may pursue specific performance or declaratory relief in the Superior Court of the State of California for [COUNTY NAME] County. THE PARTIES HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO RECOVER MONETARY DAMAGES FROM THE OTHER IN CONNECTION WITH AN EVENT OF DEFAULT UNDER THIS DEED.
7. RISK ALLOCATION
7.1 Indemnification. None. Each party bears its own liabilities except as otherwise mandated by law.
7.2 Limitation of Liability. EXCEPT FOR FRAUD OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS DEED.
7.3 Force Majeure. Neither party shall be liable for delay or failure in performance caused by acts of God, governmental action, natural disasters, or other events beyond its reasonable control, provided such party gives written notice within ten (10) days after the onset of the force-majeure event.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the laws of the State of California without regard to its conflict-of-laws principles.
8.2 Forum Selection. The Superior Court of the State of California in and for [COUNTY NAME] County shall have exclusive jurisdiction over any proceeding arising from or related to this Deed.
8.3 Arbitration. Expressly excluded.
8.4 Jury Trial. No waiver; each party retains its constitutional right to a jury.
8.5 Injunctive Relief. Either party may seek injunctive or other equitable relief only to enforce the limited obligations expressly surviving delivery and recording of this Deed and subject to Section 6.3.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
9.2 Amendments. Any amendment or modification must be in a written instrument executed by Grantor and Grantee and recorded in the official records of [COUNTY NAME] County.
9.3 Successors and Assigns. Subject to applicable law, this Deed shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
9.4 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically (including via DocuSign® or PDF) shall be deemed original signatures for all purposes, provided originals are exchanged if required by the County Recorder.
9.6 Recording Fees & Taxes. Unless otherwise agreed in writing, Grantee shall pay all recording fees and Documentary Transfer Tax in connection with this Deed.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: ______
Name: [SIGNATORY NAME]
Title: [TITLE, if entity]
GRANTEE:
[GRANTEE LEGAL NAME]
By: ______
Name: [SIGNATORY NAME]
Title: [TITLE, if entity]
11. EXHIBIT A – LEGAL DESCRIPTION
[Insert full metes-and-bounds or lot/tract legal description here.]
12. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(Cal. Civ. Code §1189)
State of California )
County of ______ )
On ___, before me, ____,
Notary Public, personally appeared __________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
(Seal)
[// GUIDANCE:
• If the Grantor or Grantee is a corporation, partnership, LLC, or trust, confirm that the signatory holds proper authority and attach required resolutions or certificates.
• If this conveyance qualifies for a Parent-Child or Spousal reassessment exclusion, file BOE-58-H or BOE-58-A‐H accordingly.
• For transfers subject to the Foreign Investment in Real Property Tax Act (FIRPTA), coordinate escrow-held withholding or IRS Form 8288-A.
• Confirm that transfer does not violate any subdivision map act, coastal zone, or Williamson Act restrictions.
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