QUITCLAIM DEED
(Idaho – Statutory Form)
After Recording Return To:
[RETURN NAME]
[STREET ADDRESS]
[CITY], Idaho [ZIP]
Send All Tax Statements To:
[GRANTEE NAME]
[STREET ADDRESS]
[CITY], Idaho [ZIP]
TABLE OF CONTENTS
- Definitions
- Conveyance & Consideration
- Liens, Taxes, and Recording Costs
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Governing Law & Dispute Resolution
- General Provisions
- Execution & Acknowledgment
- Exhibit A – Legal Description
[// GUIDANCE: A table of contents is optional under Idaho law but improves navigability for counsel and reviewers.]
THIS QUITCLAIM DEED (the “Deed”)
is made effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
GRANTOR: [LEGAL NAME OF GRANTOR], a(n) [ENTITY TYPE/INDIVIDUAL], whose mailing address is [ADDRESS] (“Grantor”);
and
GRANTEE: [LEGAL NAME OF GRANTEE], a(n) [ENTITY TYPE/INDIVIDUAL], whose mailing address is [ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the holder of whatever right, title, and interest Grantor may have in that certain real property situated in [COUNTY] County, Idaho, more particularly 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, if any, in and to the Property.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
1.1 “Effective Date” means the date first written above.
1.2 “Grantor” and “Grantee” have the respective meanings assigned in the preamble.
1.3 “Property” has the meaning set forth in Recital A.
1.4 “Recording Office” means the Office of the Recorder of [COUNTY] County, Idaho.
2. CONVEYANCE & CONSIDERATION
2.1 Quitclaim. Grantor hereby remises, releases, and forever quitclaims unto Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, together with all appurtenances, improvements, and hereditaments thereunto belonging.
2.2 No Warranties. This conveyance is made without any covenant or warranty of title, express or implied, and Grantee accepts the Property “AS-IS, WHERE-IS, WITH ALL FAULTS.”
[// GUIDANCE: Idaho Code § 55-612 recognizes quitclaim deeds and imposes no implied warranties.]
3. LIENS, TAXES, AND RECORDING COSTS
3.1 Recording Costs. Grantee shall pay all fees required to record this Deed with the Recording Office, including any Idaho Code § 31-3205 surcharge.
3.2 Transfer Taxes. Idaho currently imposes no state-level real property transfer tax. Local counties may assess nominal document fees; Grantee shall bear all such costs.
3.3 Real Property Taxes. Taxes shall be prorated between the parties as of 12:01 a.m. on the Effective Date per the closing settlement statement.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor represents that Grantor (i) has full authority to execute and deliver this Deed and (ii) has not previously conveyed the Property, or any interest therein, to any third party.
4.2 Survival. The limited representations in Section 4.1 survive delivery of this Deed for twelve (12) months and thereafter merge into the conveyance.
4.3 Disclaimer. Except as expressly provided in Section 4.1, Grantor makes no other representation or warranty whatsoever.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall execute such additional instruments as Grantee reasonably requests to evidence or perfect the conveyance.
5.2 Subject-To Matters. Conveyance is subject to (i) real property taxes not yet delinquent, (ii) easements, covenants, conditions, restrictions, and rights-of-way of record, and (iii) applicable zoning and land-use regulations.
6. DEFAULT & REMEDIES
6.1 Non-Recourse. Except for willful misrepresentation under Section 4.1, neither party shall have a claim for monetary damages against the other arising out of or related to this Deed.
6.2 Equitable Relief. Because real property is unique, specific performance shall be an available remedy; all other injunctive relief is expressly limited to preserving the status quo pending final adjudication.
7. GOVERNING LAW & DISPUTE RESOLUTION
7.1 Governing Law. This Deed shall be governed by the real property laws of the State of Idaho.
7.2 Forum Selection. Any action relating to this Deed shall be brought exclusively in the state courts located in the county where the Property is situated.
7.3 Arbitration Excluded. The parties expressly decline to submit any dispute to binding arbitration.
7.4 Jury Waiver. None. The parties retain all rights to a jury trial.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement of the parties regarding the conveyance.
8.2 Amendments. This Deed may be amended only by a written instrument executed by the party to be charged.
8.3 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each deemed an original; electronic signatures are valid under Idaho Code §§ 28-50-101 et seq.
8.4 Severability. If any provision is adjudicated invalid, the remaining provisions shall remain in full force to the extent permitted by law.
9. EXECUTION & ACKNOWLEDGMENT
9.1 Signature Blocks
IN WITNESS WHEREOF, the undersigned Grantor has executed this Quitclaim Deed as of the Effective Date.
GRANTOR: ________
[NAME AND TITLE, if applicable]
GRANTEE (for receipt only): ____
[NAME AND TITLE, if applicable]
[// GUIDANCE: The Grantee’s signature is not required for validity under Idaho law but is often included to acknowledge acceptance and facilitate recording.]
9.2 Acknowledgment – Individual (Idaho-Compliant)
State of Idaho )
) ss.
County of __ )
On this ___ day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ____, known or identified to me (or proven to me on the oath of ______) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public for Idaho
Residing at: _____
My Comm. Expires: _____
9.3 Acknowledgment – Entity (Optional Form)
State of Idaho )
) ss.
County of __ )
On this ___ day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared ____, known or identified to me to be the ____ (title) of ________ (entity name), the entity that executed the within instrument, and acknowledged to me that such entity executed the same.
Notary Public for Idaho
10. EXHIBIT A – LEGAL DESCRIPTION
(Attach full metes-and-bounds or recorded lot/block description here.)
IDAHO RECORDING CHECKLIST
[// GUIDANCE: Provide this page to closing/recording staff; remove prior to final recording if desired.]
- 3-inch vertical margin at top left of first page; 1-inch margins thereafter (Idaho Code § 31-3205).
- Font size ≥ 12 pt; black ink on white paper.
- “Return To” address on first page.
- Original signatures in ink or properly executed electronic signatures.
- Legal description attached as Exhibit A.
- Recording fees: verify current county schedule (base fee $10.00 first page + $3.00 each add’l; subject to change).
- Confirm no state-level transfer tax; pay any county documentary fee if applicable.
Prepared by: [PREPARER NAME & BAR NO., if attorney]
© [YEAR] – This template is provided for use by qualified legal professionals. Adapt to client-specific facts and verify all citations and county requirements immediately prior to closing.