QUITCLAIM DEED
(Hawaii – Regular System / Land Court [SELECT ONE])
[// GUIDANCE: This template is intentionally drafted in an expanded, “contract-style” architecture to satisfy the user’s request for a comprehensive, court-ready instrument. In day-to-day practice, many of the later sections (e.g., Default & Remedies) are seldom included in a simple deed. Feel free to delete any provisions that are unnecessary for a particular conveyance after confirming no statutory requirement is compromised.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (with Hawaii Acknowledgment)
1. DOCUMENT HEADER
RETURN BY MAIL TO:
[NAME / COMPANY]
[MAILING ADDRESS]
[CONTACT EMAIL / PHONE]
RECORDED DOCUMENT REQUESTED BY:
[REQUESTING PARTY]
AFTER RECORDING, MAIL TO:
[NAME / COMPANY]
[MAILING ADDRESS]
TAX MAP KEY NO.: [---] (Required by Haw. Rev. Stat. § 502-41)
CONSIDERATION: $[__] (Required for Conveyance Tax, Haw. Rev. Stat. Ch. 247)
THIS QUITCLAIM DEED (“Deed”) is made as of ___ , 20 (the “Effective Date”), by and between:
GRANTOR: [LEGAL NAME], [marital status], whose mailing address is [ADDRESS]; and
GRANTEE: [LEGAL NAME], [marital status / entity type & state of formation], whose mailing address is [ADDRESS].
RECITALS
A. Grantor is the sole owner of all right, title, and interest in and to the real property described in Exhibit A attached hereto (the “Property”).
B. Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest in and to the Property by quitclaim, on the terms set forth herein.
NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows.
2. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have their ordinary legal meanings.
“Bureau” means the State of Hawaii Bureau of Conveyances or, if the Property is registered in Land Court, the Office of the Assistant Registrar under Haw. Rev. Stat. Chapter 501, as applicable.
“Conveyance Tax” means the real property conveyance tax imposed under Haw. Rev. Stat. Chapter 247.
“Effective Date” has the meaning given in the Document Header.
“Grantor,” “Grantee,” and “Property” have the meanings given in the Document Header and Recitals.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor does hereby REMISE, RELEASE, and QUITCLAIM, without warranty of any kind, unto Grantee all of Grantor’s right, title, and interest, whether legal or equitable, in and to the Property, together with all appurtenances, improvements, and hereditaments thereunto belonging, subject only to the Permitted Encumbrances set forth in Section 3.2.
3.2 Permitted Encumbrances. The conveyance is made subject to:
a. All covenants, conditions, restrictions, reservations, easements, and rights-of-way of record;
b. All applicable zoning, land-use, and building regulations;
c. Taxes and assessments not yet due and payable; and
d. Any matters that would be revealed by an accurate survey or physical inspection of the Property (collectively, the “Permitted Encumbrances”).
3.3 Consideration. The consideration for this conveyance is set forth in the Document Header. Grantor and Grantee acknowledge that the stated consideration is solely for purposes of satisfying Haw. Rev. Stat. Chapter 247 and does not necessarily reflect the fair market value of the Property.
3.4 Conditions Precedent. Delivery of this Deed for recording is conditioned on:
a. Payment of the Conveyance Tax and filing of Form P64-[A/B]; and
b. Compliance with any Land Court requirements if the Property is registered land.
[// GUIDANCE: If the Property is Land Court (Torrens) property, attach the Ld. Ct. Certificate of Title reference and use the Land Court cover sheet.]
4. REPRESENTATIONS & WARRANTIES
4.1 Limited Representations. Grantor represents solely that:
a. Grantor possesses record title to the Property immediately prior to delivery of this Deed; and
b. Grantor has full authority to execute and deliver this Deed.
4.2 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO TITLE, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH LAWS, ALL OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
4.3 Survival. The representations in Section 4.1 survive delivery of this Deed for a period of one (1) year and shall thereafter terminate.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s cost, execute and deliver such further instruments as may reasonably be required to perfect the quitclaim conveyance effected hereby.
5.2 Use Restrictions. None, except as may be imposed by the Permitted Encumbrances or applicable law.
6. DEFAULT & REMEDIES
[RESERVED – Not applicable to unconditional quitclaim conveyance. Provided for completeness. Delete if desired.]
7. RISK ALLOCATION
7.1 Indemnification. None. The parties expressly waive any right to indemnification except as may be afforded under applicable law independent of contract.
7.2 Limitation of Liability. Grantor’s aggregate liability arising from or related to this Deed, exclusive of fraud, intentional misrepresentation, or willful misconduct, shall not exceed the consideration actually received by Grantor.
7.3 AS-IS, WHERE-IS. Grantee accepts the Property “AS IS, WHERE IS, WITH ALL FAULTS,” and acknowledges that Grantor has afforded Grantee an opportunity to conduct all desired inspections.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-laws rules.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in the State of Hawaii.
8.3 Arbitration. Expressly excluded.
8.4 Jury Trial Waiver. None.
8.5 Injunctive Relief. Each party reserves the right to seek injunctive or other equitable relief, provided that any such relief is limited to preventing irreparable harm pending final resolution on the merits.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between Grantor and Grantee with respect to the conveyance of the Property and supersedes all prior discussions and writings.
9.2 Amendments. Any amendment to this Deed must be in writing and recorded in the Bureau to be effective.
9.3 Successors and Assigns. This Deed is binding upon and inures 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 is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically (e.g., via PDF or DocuSign) are deemed original for all purposes, subject to Hawaii Uniform Electronic Transactions Act (Haw. Rev. Stat. Ch. 489E).
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
GRANTOR
[GRANTOR NAME], [capacity/title if entity]
(Print Name): _______
GRANTEE
[GRANTEE NAME], [capacity/title if entity]
(Print Name): _______
NOTARY ACKNOWLEDGMENT (Individual)
[Adjust for entity acknowledgment as needed.]
State of Hawaii )
City & County of _ ) SS:
On this ___ day of __, 20_, before me personally appeared ____, to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed.
Notary Public, State of Hawaii
Printed Name: ____
My commission expires: ____
[Official Seal]
[// GUIDANCE: Haw. Rev. Stat. § 502-41 requires the typed or printed name of each signatory directly beneath each signature and the notary’s name typed or printed below the notary block. Verify margin requirements (minimum 1-inch top margin on first page) and add “Regular System” or “Land Court System” notation at upper-right corner before recording.]
EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
[Insert metes and bounds or lot/block description exactly as it appears in the vesting deed, together with TMK.]
STATUTORY & PRACTICE CHECKLIST
- Haw. Rev. Stat. § 502-41: Includes TMK, names of grantor/grantee, and adequate description.
- Haw. Rev. Stat. Ch. 247: Conveyance Tax; attach Form P64-A (taxable) or P64-B (exempt).
- Haw. Rev. Stat. § 456-19: Notary block complies with current acknowledgment requirements.
- Recordation Cover Sheet: Use Bureau’s latest “Document Type” sheet; indicate “Quitclaim Deed.”
- Land Court Property: Prepare double original, obtain Assistant Registrar’s approval, and include certificate of title reference.
[// GUIDANCE: Always run a last-minute title search through the Bureau’s imaging system (or Land Court Index) to confirm no intervening conveyances or liens were recorded between drafting and execution.]