QUITCLAIM DEED
(State of Michigan)
[// GUIDANCE: This template is drafted to comply with Michigan’s statutory deed form (see Mich. Comp. Laws § 565.152) and the recording requirements of Mich. Comp. Laws § 565.201. All bracketed fields MUST be completed or deleted before execution. Remove all GUIDANCE comments prior to finalization.]
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 & Acknowledgment
I. DOCUMENT HEADER
Return to: [NAME & ADDRESS OF RETURN RECIPIENT]
Tax Statements to: [NAME & ADDRESS FOR TAX STATEMENTS]
Prepared by: [NAME, BAR NO. (if any), & ADDRESS OF DRAFTER]
Property Tax ID No.: [PARCEL IDENTIFICATION NUMBER]
Space Above This Line Reserved for Recorder’s Use (minimum 2.5" top margin)
QUITCLAIM DEED
This Quitclaim Deed (“Deed”) is made as of [EFFECTIVE DATE] (“Effective Date”), by and between:
- Grantor: [FULL LEGAL NAME OF GRANTOR], a [STATE & TYPE OF ENTITY / “individual”], whose address is [ADDRESS] (“Grantor”); and
- Grantee: [FULL LEGAL NAME OF GRANTEE], a [STATE & TYPE OF ENTITY / “individual”], whose address is [ADDRESS] (“Grantee”).
Recitals
A. Grantor is the owner of the real property legally described herein.
B. Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest in and to the Property (as defined below) upon the terms set forth herein.
II. DEFINITIONS
For purposes of this Deed:
“County Register” means the Register of Deeds for the county in which the Property is located.
“Effective Date” has the meaning set forth in the Document Header.
“Property” means the real property located in the State of Michigan, legally described in Exhibit A, together with all appurtenant rights, easements, hereditaments, and improvements.
“Transfer Taxes” means the Michigan State and County real estate transfer taxes imposed under applicable law.
III. OPERATIVE PROVISIONS
3.1 Conveyance. Pursuant to Mich. Comp. Laws § 565.152 and for the consideration set forth below, Grantor QUITCLAIMS to Grantee all of Grantor’s right, title, and interest in and to the Property.
3.2 Consideration. The consideration for this conveyance is the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
3.3 Transfer Taxes.
(a) Transfer Tax Paid. State: $[AMOUNT]; County: $[AMOUNT].
(b) OR Exemption. This conveyance is exempt under [APPLICABLE SUBSECTION] of [STATUTE] (e.g., “MCL § 207.505(a) / § 207.526(a) — consideration less than $100”).
[// GUIDANCE: Complete either 3.3(a) or 3.3(b); do not leave both.]
3.4 Legal Description. The legal description of the Property is attached hereto as Exhibit A and incorporated by reference.
3.5 Possession. Possession shall be delivered to Grantee on the Effective Date, subject to any encumbrances of record.
3.6 No Warranties. This is a quitclaim deed; Grantor makes no covenants or warranties, express or implied, concerning title or the condition of the Property.
IV. REPRESENTATIONS & WARRANTIES
4.1 Grantor represents solely that:
(a) Grantor has not previously conveyed the Property or any interest therein to any third party; and
(b) Grantor has authority to execute and deliver this Deed.
4.2 Disclaimer; Survival. Except as expressly set forth in Section 4.1, Grantor disclaims all representations and warranties. The limited representations in Section 4.1 survive delivery of this Deed for a period of twelve (12) months and shall thereafter terminate.
V. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall execute such additional instruments as may be reasonably necessary to effectuate the intent of this Deed.
5.2 Use Restrictions. None, except as may be imposed by law or recorded instruments.
VI. DEFAULT & REMEDIES
6.1 Default Defined. A “Default” occurs if any representation in Section 4.1 is materially false.
6.2 Remedies. Grantee’s sole remedy for Default is a claim for rescission of this Deed within the survival period set forth in Section 4.2. Monetary damages, consequential damages, and punitive damages are expressly waived.
VII. RISK ALLOCATION
7.1 Indemnification. None (intentionally omitted per parties’ agreement).
7.2 Limitation of Liability. Except for intentional fraud, Grantor’s aggregate liability under this Deed shall not exceed the consideration actually received by Grantor.
7.3 Force Majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, excluding payment obligations.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the state courts sitting in the county where the Property is located.
8.3 Arbitration. Excluded.
8.4 Jury Trial Waiver. None.
8.5 Injunctive Relief. Either party may seek specific performance of the conveyance obligations; no other injunctive relief is available.
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements.
9.2 Amendments. No amendment or waiver is effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Assignment. Grantee may assign its interest without Grantor’s consent. Grantor may not assign its obligations.
9.4 Severability. Any invalid provision is severed and does not affect the remaining provisions.
9.5 Successors & Assigns. This Deed binds and benefits the parties and their respective successors and assigns.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures delivered electronically or by facsimile are binding.
X. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
Grantor
[NAME & TITLE, if entity]
Grantee
[NAME & TITLE, if entity]
NOTARY ACKNOWLEDGMENT
State of Michigan
County of ____
The foregoing instrument was acknowledged before me this _ day of _, 20, by _____ [name(s) of person(s) acknowledging].
Notary Public, State of Michigan, County of __
My Commission Expires: ___
Acting in the County of _____
EXHIBIT A
Legal Description of Property
[INSERT FULL METES-AND-BOUNDS OR PLATTED DESCRIPTION]
[// GUIDANCE: 1) Verify that all statutory transfer-tax language is accurate for the transaction. 2) Confirm margin, font, and paper requirements with the relevant County Register before recording. 3) Attach any required property disclosure statements or affidavits (e.g., Property Transfer Affidavit, Principal Residence Exemption rescission) contemporaneously with this Deed.]