QUITCLAIM DEED
(State of New Jersey)
[PREPARED BY: _____]
[RETURN TO: ______]
[PROPERTY MAILING ADDRESS FOR TAX NOTICES: __________]
(After recording, please return this Deed to the address indicated above.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits
1. DOCUMENT HEADER
1.1 Parties.
(a) Grantor: [GRANTOR LEGAL NAME], a [INDIVIDUAL/PARTNERSHIP/CORPORATION/LLC] organized under the laws of [STATE] with a mailing address of [GRANTOR ADDRESS].
(b) Grantee: [GRANTEE LEGAL NAME], a [INDIVIDUAL/PARTNERSHIP/CORPORATION/LLC] organized under the laws of [STATE] with a mailing address of [GRANTEE ADDRESS].
1.2 Recitals.
WHEREAS, Grantor is the owner of, or claims whatever right, title, or interest it may have in and to, the real property more particularly described on Exhibit A attached hereto (the “Property”); and
WHEREAS, Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest, if any, in and to the Property for the consideration set forth herein;
1.3 Consideration.
In consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERICAL AMOUNT]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby remise, release, and forever quitclaim unto Grantee all of Grantor’s right, title, and interest, if any, in and to the Property.
1.4 Effective Date.
This Deed shall be effective as of [EFFECTIVE DATE] (the “Effective Date”).
2. DEFINITIONS
The following terms shall have the meanings set forth below. All capitalized terms not defined in this Section 2 shall have the meanings assigned to them elsewhere in this Deed.
“Deed” means this Quitclaim Deed, together with all Exhibits hereto, as the same may be amended or supplemented in writing.
“Property” has the meaning assigned in Section 1.2 and more particularly described on Exhibit A.
“Transfer Taxes” means all New Jersey Realty Transfer Fees, Mansion Taxes, municipal surcharges, and any other documentary transfer or recording taxes assessed in connection with the conveyance effected by this Deed.
3. OPERATIVE PROVISIONS
3.1 Conveyance.
Grantor hereby quitclaims, remises, releases, and conveys to Grantee, without covenant or warranty of any kind, express or implied, all of Grantor’s right, title, and interest, if any, in and to the Property, together with all improvements, appurtenances, and hereditaments thereunto belonging.
3.2 Acceptance.
Grantee hereby accepts the conveyance of the Property subject to:
(a) real property taxes not yet due and payable;
(b) all matters of record, including easements, covenants, conditions, restrictions, and rights-of-way; and
(c) zoning, environmental, and building laws, ordinances, and regulations applicable to the Property.
3.3 Transfer Taxes and Recording Fees.
(a) Responsibility. Transfer Taxes shall be paid by [SELECT: GRANTOR / GRANTEE / BOTH PRO RATA].
(b) Affidavit of Consideration. If required, the duly completed Affidavit of Consideration annexed hereto as Exhibit B shall be executed and delivered simultaneously with this Deed.
(c) Recording. The party designated in Section 3.3(a) shall promptly submit this Deed (with all requisite affidavits, tax forms, and fees) for recording in the Office of the [COUNTY] County Clerk/Registrar.
[// GUIDANCE: Some counties reject deeds lacking the Grantor’s and Grantee’s complete post-closing mailing addresses. Verify before recording.]
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Limited Representation.
Grantor represents solely that it has the authority to execute and deliver this Deed.
4.2 No Other Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PROPERTY OR THIS CONVEYANCE, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 Survival.
The limited representation in Section 4.1 shall survive delivery of this Deed for a period of one (1) year and shall thereafter terminate automatically.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances.
Grantor and Grantee shall execute and deliver such additional instruments and take such further actions as may reasonably be required to effectuate the intent of this Deed; provided, however, that Grantor shall not be required to expend more than de minimis cost or assume any additional liability in connection therewith.
5.2 Use Restrictions.
Nothing in this Deed shall impose any affirmative or negative covenant restricting Grantee’s use of the Property, except as may arise under applicable law or matters of record.
6. DEFAULT & REMEDIES
6.1 Events of Default.
Failure by either party to comply with a material obligation under Sections 3.3 or 5.1 shall constitute an “Event of Default.”
6.2 Notice and Cure.
The non-defaulting party shall give written notice describing the Event of Default in reasonable detail. The defaulting party shall have ten (10) days after receipt of such notice to cure the Event of Default.
6.3 Remedies.
If the defaulting party fails to cure within the applicable period, the non-defaulting party may pursue any remedy available at law or in equity, subject to the limitations in Section 7 (Risk Allocation).
6.4 Attorneys’ Fees.
In any action arising out of an uncured Event of Default, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
NONE. No party shall have any indemnification obligations under this Deed.
7.2 Limitation of Liability.
(a) No Warranties. Grantor’s total liability hereunder shall not exceed the Consideration actually received by Grantor.
(b) Exclusion of Consequential Damages. Neither party shall be liable to the other for special, indirect, or consequential damages.
7.3 Force Majeure.
Neither party shall be liable for failure to perform an obligation (other than the obligation to pay money or to convey/accept title) to the extent such failure is caused by events beyond its reasonable control and not resulting from its own negligence or willful misconduct.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Deed and any dispute arising hereunder shall be governed by the real property and other laws of the State of New Jersey, without regard to conflict-of-law principles.
8.2 Forum Selection.
The Superior Court of New Jersey, [COUNTY] County, shall have exclusive jurisdiction over all disputes arising out of or relating to this Deed.
8.3 Arbitration.
Arbitration is expressly excluded.
8.4 Jury Trial.
No jury-trial waiver is included herein; the parties reserve all applicable constitutional and statutory rights to trial by jury.
8.5 Injunctive Relief.
A party may seek injunctive relief solely to prevent immediate, irreparable harm relating to the conveyance of title under Section 3; any such relief shall be narrowly tailored and shall not extend to claims for monetary damages.
9. GENERAL PROVISIONS
9.1 Entire Agreement.
This Deed constitutes the entire agreement between the parties concerning the conveyance of the Property and supersedes all prior oral or written agreements.
9.2 Amendments; Waivers.
No amendment or waiver shall be effective unless in a writing executed and delivered by the party against whom enforcement is sought.
9.3 Assignment.
This Deed shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign its rights or delegate its obligations hereunder without the prior written consent of the other, except that Grantee may assign this Deed to an affiliated entity without consent, provided notice is given to Grantor.
9.4 Severability.
If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.5 Counterparts; Electronic Signatures.
This Deed may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Quitclaim Deed as of the Effective Date.
Grantor:
[GRANTOR LEGAL NAME]
By: __________
Name: [NAME]
Title: [TITLE, if applicable]
Grantee:
[GRANTEE LEGAL NAME]
By: __________
Name: [NAME]
Title: [TITLE, if applicable]
11. EXHIBITS
• Exhibit A – Legal Description of Property
• Exhibit B – Affidavit of Consideration (RTF-1 & RTF-1EE) (Attach if required for recording)
• Exhibit C – Acknowledgment / Notary Block
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[INSERT METES-AND-BOUNDS DESCRIPTION OR LOT/BLOCK REFERENCE EXACTLY AS SET FORTH IN PRIOR DEED]
[// GUIDANCE: Obtain the legal description from the most recent recorded deed or a current title commitment to avoid discrepancies.]
EXHIBIT B
AFFIDAVIT OF CONSIDERATION
(Attach completed, signed RTF-1 and RTF-1EE forms if applicable.)
[// GUIDANCE: Required when consideration exceeds statutory thresholds or exemptions are claimed. Consult latest NJ Division of Taxation instructions.]
EXHIBIT C
ACKNOWLEDGMENT / NOTARY BLOCK
(Individual Form – use corporate form if entity)
State of New Jersey
County of [COUNTY]
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.
Notary Public, State of New Jersey
My commission expires: ______
[Notary Stamp/Seal]
[// GUIDANCE:
1. Verify county-specific margin and font requirements before printing.
2. Leave a 3-inch top margin on the first page for recording stamps in many NJ counties.
3. Confirm that the “Prepared By” name appears exactly as the person who drafted the deed.
4. Attach appropriate transfer tax forms and payment checks to avoid rejection.
]