QUITCLAIM DEED
Commonwealth of Massachusetts
[// GUIDANCE: This template is drafted to comply with Massachusetts real estate conveyancing practices, including recording, acknowledgment, and transfer-tax requirements. Bracketed items MUST be completed or deleted before execution and recording. Delete all guidance comments prior to finalization.]
I. DOCUMENT HEADER
Prepared By: [NAME, ESQ., Bar No.]
Mail To After Recording: [NAME / FIRM / STREET / CITY, STATE ZIP]
Recording Reference (if applicable): Book [_], Page [_]
Property Address (Street): [___]
City/Town: [___], County: [___]
Map / Parcel No.: [___]
Title: QUITCLAIM DEED (WITHOUT COVENANTS)
Effective Date: [MONTH DAY, YEAR] (“Effective Date”)
II. DEFINITIONS
For purposes of this Deed:
- “Grantor” means [LEGAL NAME OF GRANTOR], [marital status / entity type], having a mailing address of [STREET, CITY, STATE ZIP].
- “Grantee” means [LEGAL NAME OF GRANTEE], [marital status / entity type], having a mailing address of [STREET, CITY, STATE ZIP].
- “Premises” means the real property described in Section III-A.
- “Registry” means the [____] County Registry of Deeds, [District, if Land Court or Registered Land].
- “Transfer Taxes” means any deed excise or transfer tax imposed by the Commonwealth of Massachusetts or any subdivision thereof in connection with this conveyance.
III. OPERATIVE PROVISIONS
A. Conveyance. For good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby QUITCLAIMS AND RELEASES, without covenants or warranties of any kind, express or implied, to Grantee, in fee simple and “AS IS, WHERE IS”, the land, buildings, improvements, rights, easements and appurtenances situated in the City/Town and County set forth above, more particularly described as:
“[INSERT full legal description – metes and bounds, lot and plan reference, or Certificate of Title description, together with any easements, rights and reservations.]”
B. Encumbrances. Conveyance is made SUBJECT TO:
1. All matters of record or which a physical inspection would reveal;
2. Real estate taxes not yet due and payable;
3. Applicable zoning, subdivision, environmental and wetlands laws, ordinances and regulations.
C. Consideration & Transfer Taxes. Stamps in the required amount to cover Transfer Taxes, computed on the consideration of $[CONSIDERATION AMOUNT], are affixed hereto. Grantor shall be solely responsible for payment and affixture of such stamps.
D. No Further Acts Required. Delivery of this Deed shall be deemed the full performance and discharge of every obligation of Grantor to Grantee with respect to the Premises, except as expressly set forth herein.
E. No Merger. All obligations intended to survive delivery shall so survive notwithstanding the doctrine of merger.
IV. REPRESENTATIONS & WARRANTIES
Grantor makes NO representations or warranties, express, implied or statutory, regarding title, condition, zoning, use, habitability or fitness of the Premises, and disclaims the implied warranties of marketability, fitness for a particular purpose and habitability to the fullest extent permitted by law.
[// GUIDANCE: Massachusetts practice generally recognizes “quitclaim covenants,” which are limited warranties; this template intentionally provides no covenants to satisfy the “no_warranties” instruction. If limited “statutory quitclaim covenants” are desired, substitute accordingly.]
V. COVENANTS & RESTRICTIONS
None. The parties expressly agree that no affirmative or negative covenants bind either party beyond the conveyance made hereby unless created by separate written instrument recorded herewith.
VI. DEFAULT & REMEDIES
A. Reformation Only. In the event of any error in the legal description or failure of Grantor’s authority, Grantee’s sole remedy shall be an action for reformation or correction of this Deed, and not damages.
B. Limitation of Actions. Any claim arising out of this Deed must be commenced within one (1) year of the Effective Date, after which all claims are irrevocably barred.
VII. RISK ALLOCATION
A. Indemnification. NONE. No party shall have any indemnification obligations.
B. Liability Cap & Exclusion. Grantor’s aggregate liability, if any, shall not exceed the consideration actually received, and in no event shall either party be liable for incidental, consequential or punitive damages.
C. Force Majeure. Neither party shall be liable for failure to perform obligations (other than payment of money or delivery of instruments) due to acts of God, governmental orders or other events beyond reasonable control.
VIII. DISPUTE RESOLUTION
A. Governing Law. This Deed shall be governed by, and construed in accordance with, the real estate laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law rules.
B. Forum Selection. Any action arising from or relating to this Deed shall be brought exclusively in the state courts located in the county where the Premises are situated.
C. Arbitration. Excluded.
D. Jury Waiver. None. Each party retains any and all rights to trial by jury.
E. Injunctive Relief. Equitable relief shall be available solely for specific performance or reformation of this Deed; no party may seek injunctive relief for monetary claims.
IX. GENERAL PROVISIONS
- Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, oral or written.
- Amendments & Waivers. Any amendment must be in a writing executed with the same formalities as this Deed and recorded in the Registry to be effective. No waiver shall be effective unless in writing and signed by the waiving party.
- Severability. If any provision is determined invalid or unenforceable, the remaining provisions shall remain in full force.
- Successors & Assigns. This Deed shall inure to the benefit of and bind the parties and their respective heirs, personal representatives, successors and assigns.
- Counterparts. This Deed may be executed in any number of counterparts, each of which is deemed an original, and together constitute one instrument. Signatures delivered electronically or by PDF shall be deemed originals.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of the Effective Date.
[GRANTOR NAME]
By: ____
Name: [_______]
Title/Capacity: [Individual / Manager / President / Attorney-in-Fact]
[OPTIONAL SECOND GRANTOR SIGNATURE BLOCK]
STATE/COMMONWEALTH OF [__]
COUNTY OF [____]
On this __ day of ____, 20__, before me, the undersigned notary public, personally appeared [NAME(S) OF SIGNER(S)], proved to me through satisfactory evidence of identification to be the person(s) whose name(s) is/are signed on the preceding document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose, and that, if executing in a representative capacity, he/she/they had authority to act.
Notary Public
My Commission Expires: _____
REQUIRED RECORDING ENDORSEMENTS
- Return Address: As set forth on page 1.
- Grantor & Grantee Addresses: Provided on page 1.
- Transfer Stamps: Affix deed excise stamps in the amount of $[____] (or “Exempt” if an exempt transaction; insert statutory exemption language on face of deed).
- Document Formatting: Deed must be printed on white paper, with a margin of at least 3″ at the top of the first page for recorder’s stamp, and 1″ elsewhere, in a legible font no smaller than 10-point.
[// GUIDANCE: Verify local Registry formatting rules; Barnstable, Nantucket and Dukes Counties impose different stamp rates.]
ATTORNEY DRAFTSMAN AFFIDAVIT (Optional but customary)
I, [NAME], attorney-at-law (BBO #[_]), certify that I have examined title to the Premises and that the conveyance herein described is in compliance with Massachusetts practice.
[NAME], Esq.
[// GUIDANCE: Before recording, confirm that (i) any mortgage discharges, municipal lien certificates, and trustee certificates are recorded or ready for recording; (ii) transfer taxes are properly calculated; and (iii) the notary acknowledgment complies with current Massachusetts notarial law.]
END OF DOCUMENT