QUITCLAIM DEED
(Without Warranty of Title – Louisiana)
[// GUIDANCE: This template is drafted to satisfy Louisiana’s “authentic act” requirements (La. Civ. Code art. 1833) and the public records doctrine (La. Civ. Code art. 517; La. R.S. 9:2721). It includes two witness signature lines and a notarial acknowledgment compliant with state form mandates. All bracketed items must be completed before execution and recording in the conveyance records of the parish where the Property is located. Louisiana does not impose a state-level real estate transfer tax, but confirm any parish-level fees.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
THIS QUITCLAIM DEED (this “Deed”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [GRANTOR’S LEGAL NAME], a [TYPE OF ENTITY/INDIVIDUAL; STATE OF ORGANIZATION], whose mailing address is [ADDRESS] (“Grantor”); and
(b) [GRANTEE’S LEGAL NAME], a [TYPE OF ENTITY/INDIVIDUAL; STATE OF ORGANIZATION], whose mailing address is [ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the owner of the real property more particularly described herein and desires to convey all of Grantor’s right, title, and interest therein to Grantee.
B. Grantor is conveying the Property without any warranty of title, express or implied, and Grantee is acquiring the Property on an “AS IS, WHERE IS” basis.
NOW, THEREFORE, in consideration of the mutual covenants herein and for the sum of [CONSIDERATION AMOUNT] DOLLARS ($[___]) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Deed, the following terms shall have the meanings set forth below:
“Deed” means this Quitclaim Deed, together with any exhibits and schedules attached hereto.
“Effective Date” has the meaning set forth in the Document Header.
“Grantor” and “Grantee” have the meanings set forth in the Document Header and include, where the context so permits, their respective heirs, successors, and assigns.
“Parish” means the parish in the State of Louisiana where the Property is situated.
“Property” has the meaning assigned in Section 3.1.
[// GUIDANCE: Keep the Definitions section concise; expand only if additional defined terms are added elsewhere.]
3. OPERATIVE PROVISIONS
3.1 Conveyance. Subject to the terms and conditions of this Deed, Grantor does hereby QUITCLAIM, TRANSFER, ASSIGN, BARGAIN, SELL, and DELIVER, WITHOUT ANY WARRANTY OF TITLE WHATSOEVER, unto Grantee, all of Grantor’s right, title, and interest in and to the following described immovable property located in [PARISH] Parish, Louisiana (the “Property”):
[LEGAL DESCRIPTION: Section, Township, Range; subdivision lot and square; or metes-and-bounds description. Attach as Exhibit A if lengthy.]
Together with all buildings, improvements, fixtures, servitudes, appurtenances, and rights of way belonging or appertaining thereto, BUT WITHOUT ANY WARRANTY OF TITLE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WITHOUT RECOURSE IN EITHER LAW OR EQUITY.
3.2 Consideration. The consideration for this conveyance is the sum stated in the Recitals, receipt of which Grantor acknowledges.
3.3 Conditions Precedent. This conveyance is conditioned upon (a) execution as an authentic act before a notary public and two witnesses; and (b) recordation in the conveyance records of the Parish.
3.4 Delivery. Physical or electronic delivery of an executed counterpart of this Deed to Grantee shall constitute tender of delivery for all purposes of Louisiana law.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents that (a) Grantor has full authority to execute and deliver this Deed; and (b) this Deed constitutes a valid, binding, and enforceable obligation of Grantor.
4.2 NO TITLE WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, POSSESSION, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
4.3 Survival. The limited representations contained in Section 4.1 shall survive the Effective Date for a period of [___] years and shall thereafter terminate.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall execute and deliver such additional instruments as may be reasonably requested by Grantee to effectuate recordation, provided that no such instrument shall impose additional warranty obligations on Grantor.
5.2 Use and Zoning. Nothing herein shall be construed as a covenant running with the land regarding zoning, permitted uses, or environmental matters, all of which are assumed solely by Grantee.
6. DEFAULT & REMEDIES
6.1 Default. Failure of either party to perform any covenant expressly applicable to such party shall constitute a “Default.”
6.2 Notice & Cure. The non-defaulting party shall give written notice specifying the Default. The defaulting party shall have [10] business days from receipt to cure such Default.
6.3 Remedies. If the Default is not cured within the cure period, the non-defaulting party may pursue specific performance or money damages subject to the limitations in Section 7, but shall have no right to rescind or unwind the conveyance once recordation has occurred.
[// GUIDANCE: Remedies are intentionally narrow because title has passed; consider title insurance for additional protection.]
7. RISK ALLOCATION
7.1 Indemnification. [None—intentionally omitted in accordance with metadata.]
7.2 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES. GRANTOR’S AGGREGATE LIABILITY SHALL NOT EXCEED THE CONSIDERATION ACTUALLY RECEIVED.
7.3 As-Is Transfer. GRANTEE ACKNOWLEDGES THAT IT HAS INSPECTED OR HAS HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND ACCEPTS THE PROPERTY “AS IS, WHERE IS,” WITH ALL FAULTS AND DEFECTS, LATENT OR PATENT.
7.4 Force Majeure. Neither party shall be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, war, or governmental actions.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in [PARISH] Parish, Louisiana.
8.3 Arbitration. [Expressly excluded.]
8.4 Jury Waiver. [Omitted—jury waiver excluded per metadata.]
8.5 Injunctive Relief. Injunctive relief shall be available only to prevent irreparable harm and shall be limited to the minimum scope necessary.
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 understandings.
9.2 Amendments. No amendment or waiver shall be effective unless in writing and executed with the same formality as this Deed.
9.3 Assignment. Grantee may assign its rights under this Deed only with Grantor’s prior written consent and upon recordation of an assignment in the conveyance records.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
9.5 Successors and Assigns. This Deed shall inure to the benefit of and be binding upon the parties and their respective successors and assigns.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures for all purposes under Louisiana law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto execute this Deed as an AUTHENTIC ACT under the laws of the State of Louisiana on the Effective Date first written above.
GRANTOR:
[GRANTOR NAME]
Title (if entity): _______
WITNESSES:
1. _____ Print: ___
2. _____ Print: ___
GRANTEE:
[GRANTEE NAME]
Title (if entity): _______
WITNESSES:
1. _____ Print: ___
2. _____ Print: ___
NOTARIAL ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF [_____]
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the parish and state aforesaid, personally came and appeared [GRANTOR NAME] and [GRANTEE NAME], who, being duly sworn, declared and acknowledged that they executed the foregoing Quitclaim Deed for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on this [___] day of [MONTH], [YEAR].
Notary Public
Notary ID or Bar Roll No.: ___
My Commission Expires: _______
EXHIBIT A
Legal Description of Property
[Insert or attach full legal description.]
[// GUIDANCE:
1. Record in the conveyance records of the Parish within which the Property is situated (La. R.S. 9:2721).
2. Attach any required municipal/parish forms (e.g., transfer certificate).
3. Verify marital status of Grantor; if married, obtain spouse’s joinder or waiver as required by community property rules.
4. Order title insurance naming Grantee, given the lack of warranties in a quitclaim deed.]