QUITCLAIM DEED
(Oregon – Statutory Form with Customizable Enhancements)
[// GUIDANCE: This template is drafted to comply with Oregon Revised Statutes (“ORS”) Ch. 93 (Conveyancing and Recording) and ORS Ch. 194 (Notarial Acts), incorporating common county‐level recording practices. All bracketed items MUST be completed or deleted prior to execution. Confirm current county recording fee schedules, margin requirements, and any local cover‐sheet mandates before tendering for recordation.]
I. RECORDING COVER PAGE (ORS 93.603)
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After Recording Return To: [NAME / ADDRESS]
Send Future Property Tax Statements To: [NAME / ADDRESS]
Instrument Prepared By: [DRAFTER’S NAME & FIRM]
Until a change is requested, all tax statements shall be mailed to the above-named Grantee.
SPACE ABOVE THIS LINE RESERVED FOR COUNTY RECORDER
II. DOCUMENT HEADER
QUITCLAIM DEED
Made this ___ day of _, 20 (the “Effective Date”), by and between:
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Grantor:
[GRANTOR FULL LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”],
Mailing Address: [ADDRESS] -
Grantee:
[GRANTEE FULL LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”],
Mailing Address: [ADDRESS]
Recitals
A. Grantor is the vested owner of record title to the real property described herein (the “Property”).
B. Grantor desires to convey to Grantee, and Grantee desires to receive from Grantor, all of Grantor’s right, title, and interest in and to the Property, without covenants or warranties of title, subject to the terms set forth below.
C. Pursuant to ORS 93.845, the use of the words “release and quitclaim” conveys only such interest as the Grantor may lawfully convey and implies no covenants of title.
III. DEFINITIONS
For ease of reference only (and without affecting statutory deed construction):
1. “Deed” means this Quitclaim Deed.
2. “Grantor,” “Grantee,” and “Property” have the meanings set forth in the Document Header and Granting Clause.
3. “County Clerk” means the recording officer of the county where the Property is located.
IV. OPERATIVE PROVISIONS
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Consideration. The true and actual consideration for this conveyance is $[AMOUNT]; however, other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has also been given. (ORS 93.030 requires stating “the true and actual consideration”; do not use “$10 and other value received.”)
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Granting Clause.
Grantor hereby releases and quitclaims unto Grantee all right, title, and interest that Grantor has, if any, in and to the following-described real property situated in the County of [COUNTY], State of Oregon:
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[INSERT FULL LEGAL DESCRIPTION
— SECTION, TOWNSHIP, RANGE OR SUBDIVISION LOT & BLOCK —
Attach Exhibit “A” if lengthy and check county page-limit rules.]
Together with all tenements, hereditaments, and appurtenances thereunto belonging, to have and to hold the same unto Grantee, Grantee’s successors and assigns forever.
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No Warranties. This conveyance is made WITHOUT ANY EXPRESS OR IMPLIED COVENANT OR WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. Grantee assumes all risks as to the state of title.
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Possession & Taxes. Possession shall transfer on the Effective Date unless otherwise agreed in writing. Real property taxes and assessments for the current fiscal year shall be prorated as of the Effective Date.
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Recording. Grantee shall cause this Deed to be promptly recorded in the real property records of the County where the Property is located and shall pay all associated recording fees.
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Transfer Taxes. Oregon imposes no state-level real property transfer tax (see ORS 306.815); Grantor and Grantee each represent that no local transfer tax is currently due or payable with respect to this conveyance.
V. REPRESENTATIONS & WARRANTIES
Grantor and Grantee each represent to the other that:
1. It (he/she) has full authority and capacity to execute and deliver this Deed.
2. The execution and delivery of this Deed have been duly authorized and do not violate any governing documents or applicable law.
3. No brokers’ or finders’ fees are due in connection with this transfer, unless separately disclosed in writing.
[// GUIDANCE: Delete R&W section entirely if not desired; Oregon law does not require these statements in a deed. They are included here for additional risk mitigation where parties prefer.]
VI. RISK ALLOCATION & LIMITATIONS
- Indemnification. None. Each Party bears its own risk and liabilities arising from this transaction, except as expressly set forth herein.
- Injunctive Relief. Nothing herein prevents a Party from seeking injunctive or equitable relief to protect its interests in the Property; however, any such remedy shall be narrowly tailored and subject to applicable Oregon law.
- Limitation of Liability. Consistent with the nature of a quitclaim, Grantor’s aggregate liability to Grantee for matters arising out of or relating to this Deed shall in no event exceed the consideration actually received by Grantor.
VII. DISPUTE RESOLUTION
- Governing Law. This Deed and all rights arising hereunder shall be governed by the real property laws of the State of Oregon without regard to conflict-of-laws principles.
- Forum Selection. The exclusive forum for any action concerning this Deed shall be the state courts of the County where the Property is located.
- Arbitration & Jury Trial. The Parties expressly exclude arbitration and do not waive any right to jury trial not otherwise waived by law.
VIII. GENERAL PROVISIONS
- Entire Agreement / Merger. This Deed constitutes the entire agreement between the Parties regarding the conveyance of the Property and merges all prior negotiations.
- Severability. If any provision of this Deed is held invalid or unenforceable, the remainder shall remain in full force.
- Amendments. Any modification must be in writing, signed by both Parties, and recorded if required to be effective.
- Successors & Assigns. This Deed is binding upon and inures to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns.
- Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Electronic, facsimile, or PDF signatures shall be effective as originals for all purposes.
IX. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Quitclaim Deed as of the Effective Date.
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GRANTOR: GRANTEE:
______ ________
[NAME] [NAME]
[Title, if entity] [Title, if entity]
______ ________
[NAME – if multiple] [NAME – if multiple]
[Title] [Title]
NOTARIAL ACKNOWLEDGMENT – OREGON
(ORS 194.285; must be completed by an Oregon-commissioned notary)
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State of Oregon )
County of ____ ) ss.
This instrument was acknowledged before me on _, 20,
by ________ [name(s) of person(s)],
[as ______ of ________ (entity)],
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to this instrument.
Notary Public – State of Oregon
My Commission Expires: ___
[// GUIDANCE: If Grantor or Grantee is an entity, attach a secretary’s or manager’s certificate of authority, board resolution, or other evidence of signing authority.]
X. OPTIONAL EXHIBITS
- Exhibit “A” – Legal Description
- Exhibit “B” – Preliminary Title Report Exceptions (reference only)
- Exhibit “C” – Possession Agreement (if post-closing occupancy is contemplated)
[// GUIDANCE: Prior to closing, confirm (i) no unrecorded interests remain, (ii) marital status disclosures are correct (ORS 93.430), and (iii) any required FIRPTA or 1099-S filings are prepared. For property located in federally designated flood zones, confirm compliance with 42 U.S.C. § 4001 et seq. before transfer.]
END OF DOCUMENT