QUITCLAIM DEED
(State of Maine – With No Covenants)
[// GUIDANCE: This template is drafted for use in Maine real property conveyances where the Grantor is conveying title “as-is / where-is” with no warranties. Customize all bracketed items, delete guidance comments before execution, and review all local recording office checklists prior to closing.]
After Recording Return To:
[NAME]
[COMPANY (if any)]
[MAILING ADDRESS]
[CITY, STATE, ZIP]
Send Future Property Tax Bills To (Grantee):
[NAME]
[MAILING ADDRESS]
[CITY, STATE, ZIP]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Acknowledgment
I. DOCUMENT HEADER
1.1 Title. Quitclaim Deed (No Covenants) – State of Maine.
1.2 Date of Deed. Effective as of [EFFECTIVE DATE] (“Effective Date”).
1.3 Parties.
(a) Grantor: [LEGAL NAME OF GRANTOR], a [state/country & entity type OR “individual”], with a mailing address of [ADDRESS].
(b) Grantee: [LEGAL NAME OF GRANTEE], a [state/country & entity type OR “individual”], with a mailing address of [ADDRESS].
1.4 Consideration. The receipt of [WRITTEN DOLLAR AMOUNT] Dollars ($[NUMERICAL]) and other good and valuable consideration (the “Consideration”) is hereby acknowledged.
1.5 Jurisdiction. This Deed is governed by the real property laws of the State of Maine (“Governing Law”).
[// GUIDANCE: Maine statutes require the physical municipal location (city/town) on any deed. Insert under the legal description in §3.2.]
II. DEFINITIONS
For purposes of this Deed, the following capitalized terms have the meanings assigned below (alphabetical order):
“Deed” – This Quitclaim Deed, together with all schedules and exhibits attached hereto.
“Effective Date” – The date stated in §1.2 above.
“Encumbrances” – All easements, restrictions, covenants, conditions, liens, rights-of-way, zoning ordinances, and other matters of record affecting title as of the Effective Date.
“Governing Law” – The laws of the State of Maine applicable to real property conveyances.
“Land” – The parcel(s) described in Exhibit A.
“Property” – Collectively, the Land, all buildings and improvements thereon, all privileges and appurtenances belonging thereto, and all Grantor’s right, title, and interest therein, but specifically excluding any property expressly reserved by Grantor in §3.3.
III. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor, for the Consideration paid, hereby REMISES, RELEASES, AND QUITCLAIMS to Grantee the Property, TO HAVE AND TO HOLD the same unto Grantee and Grantee’s successors and assigns forever, subject to the Encumbrances and the other provisions of this Deed.
3.2 Legal Description. The Land is more particularly described in Exhibit A (the “Legal Description”).
Municipality: [CITY/TOWN, COUNTY, MAINE]
Tax Map / Lot: [MAP] / [LOT]
3.3 Reservations (if any). [INSERT “None.” OR SPECIFY RIGHTS RESERVED, e.g., mineral rights, easements, etc.]
3.4 Transfer Tax. Maine Real Estate Transfer Tax is due at recording.
(a) Declared Value: $[AMOUNT]
(b) Tax Computation (@ $2.20 per $500 of value): $[AMOUNT]
(c) Tax Paid By: [PARTIES’ ALLOCATION – TYPICALLY 50/50 UNDER 36 M.R.S. § 4641-A]
[// GUIDANCE: Attach a completed Maine Real Estate Transfer Tax Declaration (“Form RETTD-101”) when lodging for record.]
3.5 Delivery & Recording. Title passes only upon (i) Grantor’s execution and delivery of this Deed, and (ii) recording in the appropriate County Registry of Deeds pursuant to Me. Rev. Stat. Ann. tit. 33, § 201.
IV. REPRESENTATIONS & WARRANTIES
4.1 Grantor expressly makes NO representations or warranties, statutory, express, or implied, regarding:
(a) marketability of title;
(b) the condition, zoning, environmental status, or fitness of the Property; or
(c) compliance with laws.
4.2 Survival. Any limited statements of fact contained in this Deed survive delivery solely to the extent required to effectuate the conveyance; all other representations merge into the Deed upon recording.
V. COVENANTS & RESTRICTIONS
5.1 No Further Covenants. This is a quitclaim conveyance without covenants under Maine law; accordingly, Grantor undertakes no continuing obligations with respect to title or the Property post-closing.
5.2 Use Restrictions. The Property remains subject to all Encumbrances, including but not limited to any subdivision, shoreland zoning, environmental, or homeowners’ association restrictions of record.
VI. DEFAULT & REMEDIES
[// GUIDANCE: Traditional contract default provisions do not apply to a deed already delivered and recorded. The limited remedy language below is included to meet the architecture requirements.]
6.1 Recording Defects. If the Registry of Deeds rejects recording due to a clerical error attributable to a party, that party shall cure the defect within ten (10) business days of notice.
6.2 Exclusive Remedy. Beyond §6.1, neither party shall have post-closing remedies under this Deed, it being the parties’ intent that all warranties are disclaimed and the risk of title lies with the Grantee after recording.
VII. RISK ALLOCATION
7.1 Indemnification. None. Each party bears its own risks and liabilities.
7.2 Limitations of Liability. Grantor’s aggregate liability arising out of or in connection with this conveyance is limited to the amount of the Consideration actually received by Grantor. NO WARRANTIES, EXPRESS OR IMPLIED, are given.
7.3 Force Majeure. Not applicable once the Deed is delivered and recorded.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by and shall be construed in accordance with the laws of the State of Maine.
8.2 Forum Selection. Any suit arising out of this Deed shall be brought exclusively in the state courts located in [COUNTY], Maine.
8.3 Arbitration & Jury Trial. Arbitration is expressly excluded, and the parties do not waive trial by jury.
8.4 Injunctive Relief. The parties retain the right to seek injunctive or declaratory relief solely to enforce the recording or correction obligations set forth in §6.1.
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the conveyance of the Property and supersedes any prior agreements or understandings.
9.2 Amendment. Any amendment must be in a written instrument executed with the same formalities as this Deed and recorded.
9.3 Assignment. Grantee may freely transfer the Property after recording; no consent of Grantor is required.
9.4 Successors & Assigns. This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
9.5 Severability. If any provision of this Deed is held invalid under Governing Law, the remaining provisions remain in full force.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original; signatures transmitted by electronic means shall be deemed original signatures for all purposes under Me. R. Evid. 901.
X. EXECUTION BLOCK & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[NAME & TITLE, if entity]
[// GUIDANCE: If Grantor is an entity, attach a valid corporate/LLC authority certificate.]
STATE OF MAINE
[COUNTY] ss. Dated: [DATE]
Personally appeared the above-named [NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Before me,
Notary Public/Attorney at Law
Printed Name: ____
My Commission Expires: _______
[Seal]
EXHIBIT A
LEGAL DESCRIPTION OF LAND
[INSERT COMPLETE METES-AND-BOUNDS DESCRIPTION OR REFERENCE TO RECORDED PLAN, INCLUDING MUNICIPALITY AND COUNTY.]
[// GUIDANCE:
1. Attach any required municipal certificates (e.g., Local Tax Collector lien release) if mandated by the county.
2. Confirm formatting requirements: 3-inch recorder’s margin, font size, return address block, and grantee’s mailing address on first page (Me. Rev. Stat. Ann. tit. 33, § 651).
3. File the original Deed, a completed RETTD-101 form, and the requisite transfer tax payment with the County Registry of Deeds.
4. Maine does not require additional witnesses when the Deed is duly acknowledged before a notary (effective post-2003).]