QUITCLAIM DEED
(State of South Carolina)
[// GUIDANCE: This template is drafted to meet South Carolina statutory requirements, including witness, acknowledgment, derivation, and deed‐recording-fee provisions. Insert all bracketed information, remove guidance comments before execution, and confirm county-specific formatting preferences.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Statutory Acknowledgment & Witness Attestation
1. DOCUMENT HEADER
Prepared By: [PREPARER NAME & BAR NUMBER, IF APPLICABLE]
Return To: [RETURN ADDRESS AFTER RECORDING]
TMS No.: [PARCEL/TAX MAP NO.]
Derivation: [DEED BOOK, PAGE & COUNTY] per S.C. Code Ann. § 30-5-35 (2023)
QUITCLAIM DEED
THIS QUITCLAIM DEED (this “Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [GRANTOR NAME], [individual/corporation/LLC], whose mailing address is [ADDRESS] (“Grantor”), and
• [GRANTEE NAME], [individual/corporation/LLC], whose mailing address is [ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the owner of certain real property located in the State of South Carolina, County of [COUNTY], more particularly described below.
B. Grantor desires to convey, and Grantee desires to receive, all right, title, and interest Grantor may have in and to the Property (as defined below) by quitclaim deed, subject to the terms herein.
C. Pursuant to S.C. Code Ann. §§ 30-5-30 & 30-5-35 (2023), this Deed is witnessed by two disinterested witnesses and acknowledged before a notary public.
NOW, THEREFORE, for and in consideration of the sum of [CONSIDERATION AMOUNT] Dollars ($[___]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor conveys as follows:
2. DEFINITIONS
“Effective Date” means the date first written above.
“Property” means the real estate, improvements, hereditaments, and appurtenances more particularly described in Section 3.1.
Other capitalized terms have the meanings assigned herein.
3. OPERATIVE PROVISIONS
3.1 Conveyance; Legal Description
Grantor hereby quitclaims, releases, and conveys unto Grantee, its heirs, successors, and assigns, all right, title, interest, claim, and demand which Grantor has or may have in and to the following described property (the “Property”):
[INSERT FULL METES-AND-BOUNDS OR PLAT REFERENCE LEGAL DESCRIPTION]
Together with all easements, tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining.
3.2 Consideration & Deed Recording Fee
- Consideration: $[CONSIDERATION AMOUNT].
- South Carolina Deed Recording Fee: $[DEED RECORDING FEE] calculated under S.C. Code Ann. § 12-24-10 (2023).
- Exemption (if any): [INSERT EXEMPTION LANGUAGE OR “None”].
[// GUIDANCE: If exempt from the deed‐recording fee, state the statutory exemption in bold per county requirements.]
3.3 Derivation Clause
This being the identical property conveyed to Grantor by deed dated [DATE] and recorded in the Office of the Register of Deeds for [COUNTY] County, South Carolina, in Deed Book [] at Page [].
3.4 No Warranties; “As-Is” Transfer
Grantor makes no covenants or warranties of title, express or implied. The Property is conveyed “AS IS, WHERE IS, WITH ALL FAULTS” and without recourse against Grantor.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority
Grantor represents solely that it has lawful authority to execute this Deed. No further warranties are given or implied.
4.2 Survival
The limited representation in Section 4.1 survives delivery of this Deed for twelve (12) months and thereafter merges into title.
5. COVENANTS & RESTRICTIONS
5.1 Permitted Encumbrances
The conveyance is subject to:
a. Real estate taxes not yet due and payable;
b. Easements, covenants, conditions, and restrictions of record;
c. All matters that a current and accurate survey or physical inspection would disclose.
[// GUIDANCE: Insert any specific known easements or restrictive covenants here.]
6. DEFAULT & REMEDIES
[INTENTIONALLY OMITTED – A quitclaim deed is an executed conveyance; post-closing contractual remedies are typically addressed in the purchase agreement.]
7. RISK ALLOCATION
7.1 Indemnification
None.
7.2 Limitation of Liability
Grantor disclaims all liability for title defects or other matters concerning the Property, consistent with Section 3.4.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Deed shall be governed by the real property laws of the State of South Carolina.
8.2 Forum Selection
Any suit arising from this Deed shall be brought exclusively in the Court of Common Pleas of the county where the Property lies.
8.3 Arbitration; Jury Trial
Arbitration is expressly excluded. No jury waiver is provided.
8.4 Injunctive Relief
Nothing herein restricts a party from seeking injunctive relief to protect real property interests, subject to statutory limitations.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Deed constitutes the entire agreement between Grantor and Grantee regarding the conveyance of the Property.
9.2 Amendment
Any amendment must be in a recordable writing executed with the same formalities as this Deed.
9.3 Successors & Assigns
This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
9.4 Severability
If any provision is held invalid, the remaining provisions shall remain in full force.
9.5 Counterparts; Electronic Signatures
This Deed may be executed in counterparts and by electronic signature to the extent permitted by S.C. Code Ann. § 26-6-10 et seq. (Uniform Electronic Transactions Act).
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed under seal as of the Effective Date.
GRANTOR:
______ (SEAL)
[GRANTOR NAME]
Its: [Title, if entity]
Witness #1: ____
Printed Name: ____
Witness #2: ____
Printed Name: ____
[// GUIDANCE: South Carolina requires two disinterested witnesses; one may be the notary if allowed by county practice.]
11. STATUTORY ACKNOWLEDGMENT & WITNESS ATTESTATION
State of South Carolina )
County of [_____] )
The foregoing instrument was acknowledged before me this ___ day of _, 20_, by [GRANTOR NAME].
He/She/They is/are personally known to me or has/have produced ______ as identification.
Notary Public for South Carolina
My Commission Expires: ______
[OFFICIAL NOTARIAL SEAL]
RECORDING INFORMATION (FOR CLERK/REGISTER OF DEEDS USE ONLY)
Document Type: Quitclaim Deed
Recording Date: ___
Book: ___ Page: __
Deed Stamps: $_____
[// GUIDANCE:
1. Review county-specific margin, font, and bar-coding rules before filing.
2. Verify deed stamps calculation at $1.85 per $500 (or fractional part) of consideration under S.C. Code Ann. § 12-24-10.
3. Confirm acknowledgment wording meets the latest SC Secretary of State guidance.
4. Remove all guidance comments before execution and recording.]