QUITCLAIM DEED
State of Iowa
[// GUIDANCE: Leave a 3-inch top margin on the first page to satisfy most Iowa county recorder formatting rules. Verify local recorder specifications before filing.]
Return Address & Postage To:
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Prepared By:
[NAME], Iowa Bar No. [______]
[LAW FIRM/COMPANY NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Tax Statements To:
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Table of Contents
- Definitions
- Conveyance & Consideration
- Permitted Encumbrances
- Representations & Warranties (Limited)
- Covenants & Further Assurances
- Remedies & Injunctive Relief (Limited)
- Risk Allocation & Disclaimer of Warranties
- Dispute Resolution & Governing Law
- General Provisions
- Execution & Acknowledgment
- Exhibit A – Legal Description
- Exhibit B – Permitted Encumbrances (if any)
QUITCLAIM DEED
This Quitclaim Deed (“Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
Grantor:
[GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], whose mailing address is [ADDRESS] (“Grantor”).
Grantee:
[GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], whose mailing address is [ADDRESS] (“Grantee”).
RECITALS
A. Grantor owns whatever right, title, and interest Grantor may have in the real property located in [COUNTY] County, Iowa, more particularly described in Exhibit A (the “Property”).
B. Grantor desires to quitclaim, grant, sell, convey, and remise to Grantee all of Grantor’s right, title, and interest in and to the Property, subject to the terms herein, for the consideration described below.
For and in consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars ($[NUMERIC]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions
For purposes of this Deed:
“Declaration of Value” means the Iowa Real Estate Transfer – Declaration of Value form required by Iowa Code § 428A.1 (2023).
“Groundwater Hazard Statement” means the statement required by Iowa Code § 558.69 (2023).
“Permitted Encumbrances” has the meaning set forth in Section 3.
“Property” has the meaning given in Recital A.
“Recording Office” means the Office of the Recorder of [COUNTY] County, Iowa.
[// GUIDANCE: Add or delete defined terms to suit the transaction. Ensure all capitalized terms are used consistently.]
2. Conveyance & Consideration
2.1 Grant. Grantor hereby quitclaims to Grantee, and Grantee hereby accepts, all of Grantor’s right, title, and interest, if any, in and to the Property, together with all appurtenances, hereditaments, and rights belonging or appertaining thereto, without covenants or warranties of any kind, and subject to the Permitted Encumbrances.
2.2 Consideration. The consideration for this conveyance is the amount set forth above. The parties intend that the full statutory transfer tax under Iowa Code § 428A.1 (2023) be paid on recording unless an exemption expressly applies.
2.3 Transfer Tax & Recording Fees. Grantor [or Grantee] shall pay any required Iowa real estate transfer tax, recording fees, and surcharges.
[// GUIDANCE: Allocate responsibility here. Iowa practice commonly places transfer tax on Seller/Grantor.]
3. Permitted Encumbrances
The Property is conveyed subject to the following (“Permitted Encumbrances”):
a. Real estate taxes and assessments not yet delinquent;
b. Utility easements, roadways, and rights-of-way of record;
c. Matters that would be disclosed by an accurate survey or physical inspection;
d. Any other encumbrances listed in Exhibit B (if attached).
4. Representations & Warranties (Limited)
Grantor makes no representations or warranties regarding title, condition, or fitness of the Property, except:
4.1 Authority. Grantor has lawful authority to execute and deliver this Deed.
4.2 Capacity. Grantor is of legal age and sound mind (if an individual) or duly organized and in good standing (if an entity).
4.3 No Further Warranties. All other warranties, express or implied, are expressly disclaimed.
All representations under Section 4 survive delivery of this Deed for a period of one (1) year from the Effective Date and shall thereafter terminate.
5. Covenants & Further Assurances
5.1 Additional Instruments. At Grantee’s written request and expense, Grantor shall execute such reasonable additional instruments as may be necessary to effectuate the intent of this Deed.
5.2 Compliance Filings. Grantor shall complete and deliver (a) the Declaration of Value and (b) the Groundwater Hazard Statement, each in a form acceptable to the Recording Office.
6. Remedies & Injunctive Relief (Limited)
6.1 Specific Performance. Because monetary damages may be inadequate, either party may seek specific performance to compel execution of additional instruments required under Section 5.1.
6.2 Injunctive Relief. Injunctive relief is limited solely to enforcing obligations expressly set forth in this Deed; no party shall seek or be entitled to injunctive relief for matters outside the scope of this Deed.
6.3 Attorney Fees. In any action to enforce Sections 5 or 6, the prevailing party is entitled to reasonable attorney fees and court costs.
7. Risk Allocation & Disclaimer of Warranties
7.1 “No Warranties” Acknowledgment. GRANTEE ACCEPTS THE PROPERTY “AS IS,” “WHERE IS,” WITH ALL FAULTS AND NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7.2 Release of Grantor. To the maximum extent permitted by Iowa law, Grantee releases Grantor from all claims arising from or relating to (a) the physical, environmental, or structural condition of the Property, and (b) the existence of hazardous materials thereon, known or unknown.
7.3 No Indemnification. Consistent with the transaction metadata, no party provides any indemnification under this Deed.
8. Dispute Resolution & Governing Law
8.1 Governing Law. This Deed and any dispute arising hereunder are governed by the laws of the State of Iowa applicable to real property situated therein, without regard to conflict-of-law principles.
8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the Iowa state courts located in [COUNTY] County, Iowa for any action arising out of or relating to this Deed.
8.3 Arbitration & Jury Waiver. Arbitration is expressly excluded, and no jury-trial waiver is provided or implied.
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 agreements or understandings, written or oral.
9.2 Amendment & Waiver. Any amendment or waiver must be in a writing signed by the party against whom enforcement is sought.
9.3 Assignment. Grantee may assign its rights under this Deed only by a written instrument recorded in the Recording Office.
9.4 Severability. Any provision held invalid or unenforceable shall be severed and the remainder construed to give maximum lawful effect.
9.5 Successors & Assigns. This Deed binds and benefits the parties and their respective successors and permitted assigns.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Electronic signatures in compliance with Iowa Code ch. 554D and the Uniform Real Property Electronic Recording Act (URPERA) are permitted.
10. Execution & Acknowledgment
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: _____
Name: ____
Title (if entity): ___
Date: ________
GRANTEE:
[GRANTEE LEGAL NAME]
By: _____
Name: ____
Title (if entity): ___
Date: ________
ACKNOWLEDGMENT
State of Iowa )
County of _____ ) ss:
On this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [NAME(S) OF PERSON(S) SIGNING], to me known to be the person(s) named in and who executed the foregoing instrument and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
Notary Public in and for the State of Iowa
My commission expires: ___
[// GUIDANCE: Use a corporate acknowledgment if Grantor or Grantee is an entity. Iowa Code ch. 9B governs form and content.]
11. Exhibit A – Legal Description
[INSERT FULL, SURVEY-ACCURATE LEGAL DESCRIPTION]
[// GUIDANCE: Include section, township, range, lot, block, subdivision, or metes & bounds as applicable.]
12. Exhibit B – Permitted Encumbrances (Optional)
- [Insert description or reference to recorded documents]
-
-
Recording Tax & Exemption Box
• Iowa Real Estate Transfer Tax Paid: $__
• Declaration of Value Number: ___
• Groundwater Hazard Statement Attached: ☐ Yes ☐ Exempt (Iowa Code § 558.69(4))
• DOV Exemption (if applicable): Iowa Code § 428A.2(__) – [Describe exemption]
[// GUIDANCE: Most Iowa recorders require this information on the face of the deed. Confirm local requirements.]
This Quitclaim Deed template is drafted to comply with current Iowa statutory requirements, including recording, acknowledgment, and transfer-tax provisions. It is provided for attorney customization and should be reviewed in light of the specific transaction, county-recorder practices, and any recent statutory amendments before use.