QUITCLAIM DEED
(State of Rhode Island)
[// GUIDANCE: This template is drafted to comply with Rhode Island General Laws (“R.I. Gen. Laws”) Title 34 (Form and Execution of Instruments) and Title 44, Chapter 25 (Real Estate Conveyance Tax). All bracketed text must be completed or revised by counsel prior to execution and recording.]
I. DOCUMENT HEADER
Prepared By: [NAME & ADDRESS OF PREPARER]
Return To: [NAME & ADDRESS FOR RETURN AFTER RECORDING]
Tax Assessor’s Plat/Lot: [_]
Real Estate Conveyance Tax: $[AMOUNT] (R.I. Gen. Laws § 44-25-1)
Space Above This Line Reserved for Recorder’s Use
This QUITCLAIM DEED (the “Deed”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
Grantor: [GRANTOR FULL LEGAL NAME], a [STATE] [ENTITY TYPE] having an address at [_] (“Grantor”); and
Grantee: [GRANTEE FULL LEGAL NAME], a [STATE] [ENTITY TYPE] having an address at [_] (“Grantee”).
Recitals
A. Grantor is the owner of certain real property located in the [City/Town] of [_], County of [_], State of Rhode Island, more particularly described in Exhibit A attached hereto (the “Property”).
B. Grantor wishes to convey all of its right, title, and interest in and to the Property to Grantee, and Grantee desires to accept such conveyance, on the terms and conditions set forth herein.
In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
II. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below. Defined terms include the singular and plural forms and any grammatical variations.
- “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with, that Person.
- “Person” means any individual, corporation, partnership, limited liability company, trust, estate, governmental authority, or other legal entity.
- “Property” has the meaning set forth in Recital A.
[Add additional definitions as necessary.]
III. OPERATIVE CONVEYANCE
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Conveyance. Grantor hereby quitclaims and conveys to Grantee all right, title, and interest of Grantor, if any, in and to the Property, together with (a) all improvements thereon, (b) all privileges, rights, hereditaments, and appurtenances belonging thereto, and (c) any after-acquired title, subject only to the matters set forth in Section III.2.
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Permitted Encumbrances. The conveyance is made subject to:
a. Real property taxes and assessments not yet due and payable;
b. Easements, covenants, restrictions, and matters of record as of the Effective Date;
c. Zoning ordinances and governmental regulations; and
d. Rights of parties in possession under unrecorded leases, if any. -
Consideration. The consideration for this conveyance is [WRITTEN DOLLAR AMOUNT] Dollars ($[NUMERICAL]) and other good and valuable consideration, the receipt of which is hereby acknowledged.
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Delivery and Acceptance. Delivery of this Deed by Grantor and acceptance by Grantee shall be deemed complete upon (i) execution and delivery of this Deed and (ii) recording in the land evidence records of the municipality where the Property is located.
[// GUIDANCE: No warranties of title are provided beyond the statutory form of quitclaim. Counsel may expand or limit recitals as appropriate.]
IV. REPRESENTATIONS & WARRANTIES
Grantor represents and warrants solely to the extent of Grantor’s actual knowledge and without duty of inquiry that:
- Authority. Grantor has full right, power, and authority to execute and deliver this Deed and to convey the Property as provided herein.
- No Further Encumbrances. Grantor has not, during Grantor’s period of ownership, conveyed any interest in the Property that remains of record and would adversely affect Grantee’s interest, except as disclosed herein.
All other warranties, whether statutory, express, or implied, are expressly disclaimed.
[// GUIDANCE: Rhode Island permits quitclaim conveyances “without covenants.” See R.I. Gen. Laws § 34-11-1. Omit or add further warranties at client’s direction.]
V. COVENANTS & RESTRICTIONS
- Further Assurances. Grantor shall, at Grantee’s reasonable request and cost, execute and deliver such additional instruments as may be necessary to effectuate the intent of this Deed.
- Use & Compliance. Grantee covenants to use the Property in compliance with applicable laws, ordinances, and regulations from and after the Effective Date.
VI. DEFAULT & REMEDIES
Because the conveyance is completed upon delivery and recording, no post-closing payment or performance obligations remain. Accordingly, traditional default and remedy provisions are inapplicable; provided, however, each party retains all legal and equitable rights and remedies arising from (a) fraud, (b) intentional misrepresentation, or (c) breach of Section IV (Representations & Warranties).
VII. RISK ALLOCATION
- Indemnification. None. Each party waives and releases the other from any obligation to indemnify or hold harmless, except as may be imposed by law.
- Limitation of Liability; No Warranties. EXCEPT FOR LIABILITY ARISING FROM FRAUD OR INTENTIONAL MISREPRESENTATION, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. GRANTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR CONDITION OF THE PROPERTY, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Force Majeure. Performance obligations (if any) excused by events beyond the reasonable control of the affected party.
VIII. DISPUTE RESOLUTION
- Governing Law. This Deed and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to conflict-of-laws principles.
- Forum Selection. The parties submit to the exclusive jurisdiction of the state courts of Rhode Island sitting in the county where the Property is located.
- Arbitration. Excluded. No claim shall be subject to arbitration unless mutually agreed in a separate writing executed after the dispute arises.
- Jury Waiver. None. The parties do not waive any right to a jury trial.
- Injunctive Relief. Each party reserves the right to seek injunctive or equitable relief only to the extent necessary to prevent irreparable harm pending final adjudication.
IX. GENERAL PROVISIONS
- Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior discussions and agreements.
- Amendments. No amendment or modification shall be effective unless in writing and duly recorded, if required by law.
- Successors & Assigns. This Deed shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Electronic signatures complying with R.I. Gen. Laws § 42-127.1 et seq. are deemed originals.
X. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed and delivered this Quitclaim Deed as of the Effective Date.
GRANTOR
[GRANTOR NAME]
By: _____
Name: [___]
Title: [__]
Date: ____
Witness 1: ___
Witness 2: ___
GRANTEE
[GRANTEE NAME]
By: _____
Name: [___]
Title: [__]
Date: ____
NOTARY ACKNOWLEDGMENT – INDIVIDUAL (R.I. Gen. Laws § 34-12-1)
State of Rhode Island
County of ____
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [NAME(S) OF SIGNATORY(IES)], who proved to me through satisfactory evidence of identification to be the person(s) whose name(s) are signed on the preceding instrument, and acknowledged to me that they executed the same voluntarily for its stated purpose.
Notary Public: ___
Printed Name: ___
My Commission Expires: _______
NOTARY ACKNOWLEDGMENT – CORPORATION/LLC
State of Rhode Island
County of ____
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [NAME OF AUTHORIZED SIGNATORY], as [TITLE] of [ENTITY NAME], who proved to me through satisfactory evidence of identification to be the person whose name is signed on behalf of said entity, and acknowledged to me that he/she executed the same voluntarily for its stated purpose on behalf of said entity.
Notary Public: ___
Printed Name: ___
My Commission Expires: _______
EXHIBIT A
Legal Description of the Property
[Insert metes and bounds description, deed reference, or recorded plat reference.]
[// GUIDANCE: Verify that the legal description matches the most recent survey and title commitment. Attach additional pages if necessary.]
[// END OF DOCUMENT]