QUITCLAIM DEED
(North Carolina – Form Compliant with N.C. Gen. Stat. chs. 10B, 47 & 105)
[// GUIDANCE: This template is drafted for fee-simple interests in real property located in North Carolina. Delete or modify bracketed language as appropriate. Confirm metes-and-bounds description with a licensed surveyor before recording.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (including Notarial Acknowledgment)
1. DOCUMENT HEADER
Prepared By: [NAME & NC BAR No. (if attorney)]
Mail After Recording To: [NAME & MAILING ADDRESS]
Parcel Identifier No. (PIN): [_]
Excise Tax: $ [_] (see N.C. Gen. Stat. § 105-228.28)
No title examination undertaken by drafter unless expressly stated.
Quitclaim Deed (“Deed”) made this _ day of _, 20___ (“Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [type of entity/individual] with a mailing address of [_] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [type of entity/individual] with a mailing address of [_] (“Grantee”).
Recitals
A. Grantor is the sole holder of record title to the real property more particularly described herein.
B. Grantor desires to convey whatever right, title, or interest it may have in and to said property to Grantee by quitclaim, without warranty.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
2. DEFINITIONS
“Deed” means this Quitclaim Deed together with all exhibits and schedules.
“Effective Date” has the meaning set forth in the Document Header.
“Property” means the real property described in Exhibit A, together with all rights, privileges, hereditaments, and appurtenances belonging thereto.
“Transfer Taxes” means the excise tax on conveyances imposed under N.C. Gen. Stat. § 105-228.28.
[// GUIDANCE: Add additional defined terms if needed for complex conveyances.]
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor does hereby remise, release, and forever quitclaim unto Grantee, its heirs, successors, and assigns, all of Grantor’s right, title, and interest, if any, in and to the Property.
3.2 Consideration & Transfer Taxes. Grantee shall pay all Transfer Taxes and recording fees. The amount of excise tax indicated in the Document Header is based upon the consideration or the value of the Property in accordance with applicable law.
3.3 Description. The legal description of the Property is attached hereto as Exhibit A and incorporated herein by reference.
3.4 Possession. Possession, if any, shall transfer to Grantee on the Effective Date.
3.5 No Further Obligations. Except as expressly provided herein, no party has any further obligation to the other with respect to the conveyance evidenced by this Deed.
4. REPRESENTATIONS & WARRANTIES
4.1 No Warranty of Title. THIS DEED IS MADE WITHOUT WARRANTY—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—including but not limited to warranties of title, merchantability, fitness for a particular purpose, or habitability.
4.2 Authority. Grantor represents that it has lawful authority to execute and deliver this Deed.
4.3 Environmental Matters. Grantor makes no representation regarding environmental conditions affecting the Property. Grantee accepts the Property “AS-IS, WHERE-IS, WITH ALL FAULTS.”
[// GUIDANCE: Delete § 4.3 if unnecessary, or expand for higher-risk properties.]
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall execute and deliver such additional instruments as may be reasonably necessary to effectuate the intent of this Deed, at Grantee’s sole cost and expense.
5.2 Existing Encumbrances. Conveyance is subject to (i) taxes not yet due and payable, (ii) easements, covenants, and restrictions of record, and (iii) zoning ordinances. Grantor makes no covenant to remove or satisfy the same.
6. DEFAULT & REMEDIES
The parties acknowledge that this is a deed of conveyance, not an executory contract; accordingly, traditional default provisions are inapplicable. Any claim arising from this Deed shall be limited to claims sounding in deed warranty law, which are expressly disclaimed herein.
7. RISK ALLOCATION
7.1 Indemnification. None.
7.2 Limitation of Liability. Grantor shall have no liability to Grantee for any defect in title or condition of the Property except as may arise from Grantor’s own acts occurring after the Effective Date.
7.3 Force Majeure. Not applicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising herefrom shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict-of-law principles.
8.2 Forum Selection. The state courts of the county in North Carolina where the Property lies shall have exclusive jurisdiction.
8.3 Arbitration. Expressly excluded.
8.4 Jury Trial. No waiver.
8.5 Injunctive Relief. Limited to preventing waste or impairment of the Property pending adjudication.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement of the parties respecting the conveyance of the Property and supersedes any prior oral or written agreements.
9.2 Amendments. Any modification must be in a writing signed by both parties and recorded if required by law.
9.3 Successors & Assigns. This Deed shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and assigns.
9.4 Severability. If any provision of this Deed is held invalid, the remaining provisions shall remain in full force and effect.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is an original, and all of which constitute one instrument. Signatures transmitted via electronic means shall be deemed originals to the fullest extent permitted by law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the Effective Date.
GRANTOR:
______ (SEAL)
[GRANTOR NAME]
Title (if entity): [_]
[ADD ADDITIONAL SIGNATURE BLOCKS AS NEEDED]
STATE OF NORTH CAROLINA
COUNTY OF [_]
I, the undersigned Notary Public, certify that [Grantor Name] personally appeared before me this day, proved to my satisfaction by [driver’s license/other ID] to be the person signing the foregoing instrument, and acknowledged the due execution of the same.
Witness my hand and official seal this _ day of _, 20___.
Notary Public
Printed Name: [_]
My Commission Expires: [_]
(Notarial Seal)
EXHIBIT A
Legal Description of the Property
[Insert metes-and-bounds description, lot and block, or other legally sufficient description. Attach survey if available.]
[// GUIDANCE:
1. Recording Requirements – Leave a 3″ top margin on the first page and 0.5″ margins elsewhere (N.C. Gen. Stat. § 161-14).
2. Acknowledgment – Use the notarial certificate above or the statutory short form in N.C. Gen. Stat. § 10B-41.
3. Transfer Taxes – Affix revenue stamps equal to $1 per $500 of consideration or property value. Mark “No Excise Tax Due” if exempt under N.C. Gen. Stat. § 105-228.29.
4. Grantee Indexing Instructions – Confirm exact name spellings with client to avoid indexing errors.
5. Municipal Lien Checks – Advise Grantee to obtain payoff statements for any city/county liens prior to closing.]