QUITCLAIM DEED
(State of South Dakota)
[// GUIDANCE: This template is intentionally more robust than a “standard‐form” deed so that practitioners can (i) drop unnecessary sections for a simple conveyance or (ii) retain them when the conveyance is part of a larger transaction requiring added protections. Bracketed items require user input.]
RETURN TO (After Recording)
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
PREPARED BY
[NAME / FIRM]
[STREET ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
TAX STATEMENTS TO
[GRANTEE NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
REAL ESTATE TRANSFER FEE
$[∙] ☐ Paid ☐ Exempt (identify statutory exemption)
[// GUIDANCE: South Dakota imposes a transfer fee calculated on consideration. If an exemption applies, state the SDCL subdivision on the face of the deed as required by the county recorder.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Acknowledgment
I. DOCUMENT HEADER
THIS QUITCLAIM DEED (this “Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
A. [GRANTOR LEGAL NAME],
a ☐ [South Dakota] ☐ [foreign] [ENTITY TYPE]
with its mailing address at [ADDRESS]
(the “Grantor”); and
B. [GRANTEE LEGAL NAME],
a ☐ [South Dakota] ☐ [foreign] [ENTITY TYPE]
with its mailing address at [ADDRESS]
(the “Grantee”).
RECITALS
WHEREAS, Grantor is the owner of all right, title, and interest in and to the real property more particularly described in Exhibit A attached hereto and incorporated herein (the “Property”); and
WHEREAS, Grantor desires to convey the Property to Grantee by quitclaim deed for the consideration set forth herein and subject to the terms and conditions of this Deed.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
II. DEFINITIONS
Unless the context clearly requires otherwise, the following capitalized terms shall have the meanings set forth below:
“Deed” has the meaning assigned in the preamble.
“Effective Date” means the date first written above, being the date upon which this Deed is intended to be delivered and become effective for all purposes.
“Encumbrances” means any and all easements, covenants, conditions, restrictions, reservations, rights-of-way, and other matters of record affecting the Property as of the Effective Date.
“Property” has the meaning assigned in the Recitals and as legally described on Exhibit A.
III. OPERATIVE PROVISIONS
3.1 Grant. Subject to Section 3.2, Grantor hereby QUITCLAIMS, BARGAINS, SELLS, and CONVEYS to Grantee, and to Grantee’s successors and assigns forever, all of Grantor’s right, title, and interest in and to the Property, together with all tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining.
3.2 Subject to Encumbrances. This conveyance is made without any covenants of warranty and subject to (a) all Encumbrances, and (b) all applicable zoning, building, environmental, and other governmental laws, ordinances, and regulations.
3.3 Consideration. The consideration for this conveyance is the sum of [WRITTEN DOLLAR AMOUNT] Dollars ($[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
3.4 Delivery; Possession. Title shall pass on the Effective Date upon (i) Grantor’s delivery of this executed Deed to Grantee and (ii) recording of the Deed in the Official Records of the [NAME] County Register of Deeds (the “Recorder”). Possession shall be delivered to Grantee ☐ on the Effective Date ☐ [OTHER DATE], free of tenants and occupants except as may be expressly set forth in Exhibit B (if any).
IV. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Party represents and warrants that (a) it has full right, power, and authority to execute and deliver this Deed and to consummate the transactions contemplated hereby, and (b) all requisite action has been taken to authorize the execution, delivery, and performance of this Deed.
4.2 No Further Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 Survival. The representations and warranties contained in Section 4.1 shall survive delivery of this Deed for a period of one (1) year; all other representations and warranties, if any, shall merge into the conveyance and shall not survive.
V. COVENANTS & RESTRICTIONS
5.1 Taxes and Assessments. All real estate taxes and assessments levied for the current tax year shall be prorated between Grantor and Grantee as of 11:59 p.m. on the day immediately preceding the Effective Date. Grantor shall pay—or credit to Grantee at closing—Grantor’s prorata share; Grantee shall be responsible for all such taxes and assessments accruing from and after the Effective Date.
5.2 Further Assurances. Each Party shall, without further consideration, execute and deliver such additional documents and instruments as may be reasonably necessary to carry out the intent of this Deed.
[// GUIDANCE: Include Section 5.3 if a homestead interest may be implicated.]
5.3 Homestead Release. If the Property constitutes Grantor’s homestead under South Dakota law, the spouse of any individual Grantor joins herein solely to release all homestead rights and other marital or statutory interests.
VI. DEFAULT & REMEDIES
Because this is an executed conveyance rather than an executory contract, traditional “events of default” are generally inapplicable. Nevertheless, if either Party breaches any post-closing covenant or obligation herein and fails to cure such breach within thirty (30) days after written notice, the non-breaching Party may pursue all remedies available at law or in equity, including specific performance and damages, subject to the limitations set forth in Article VII.
VII. RISK ALLOCATION
7.1 Indemnification. Consistent with the Parties’ agreement reflected in the transaction metadata, no indemnification obligations are provided for under this Deed.
7.2 Limitation of Liability. Grantor shall have no liability for matters arising after the Effective Date; all risk of loss with respect to the Property shall transfer to Grantee upon delivery of the Deed.
7.3 Force Majeure. Neither Party shall be liable for failure to perform any covenant to the extent such failure is caused by events beyond its reasonable control; provided, however, that this Section does not relieve either Party of obligations to pay money when due.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and all disputes arising hereunder shall be governed by, and construed in accordance with, the laws of the State of South Dakota (without regard to conflict-of-laws rules).
8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the state courts of [NAME] County, South Dakota, for all actions arising under or relating to this Deed.
8.3 Arbitration; Jury Trial. The Parties expressly exclude arbitration and do not waive the right to a jury trial.
8.4 Injunctive Relief. Nothing in this Article shall prohibit a Party from seeking temporary or permanent injunctive relief to prevent irreparable harm, subject to the limitations set forth in Section 7.2.
IX. GENERAL PROVISIONS
9.1 Entire Agreement; Merger. This Deed constitutes the entire agreement between the Parties with respect to the conveyance of the Property, and all prior agreements, whether written or oral, are merged herein.
9.2 Amendments. This Deed may be amended, modified, or supplemented only by a written instrument executed by the Party against whom enforcement is sought and recorded with the Recorder.
9.3 Waivers. No waiver of any provision shall be deemed a continuing waiver unless expressly stated in writing.
9.4 Assignment. Grantee may assign its interest in this Deed and the Property only by written instrument that is duly recorded; any prohibited assignment is null and void.
9.5 Successors and Assigns. This Deed shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
9.6 Severability. If any provision of this Deed is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.7 Counterparts; Electronic Signatures. This Deed may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, facsimile, or verified e-signature platform) shall be deemed originals for all purposes.
X. EXECUTION BLOCK & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed and delivered this Quitclaim Deed as of the Effective Date.
GRANTOR
[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: _________
[If individual Grantor:]
[GRANTOR NAME], Grantor
[If homestead release required:]
[SPOUSE NAME], Spouse of Grantor
(solely to release all homestead and statutory interests)
GRANTEE
[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: _________
NOTARIAL ACKNOWLEDGMENT
(State of South Dakota – Individual Form)
State of South Dakota )
:SS )
County of ___ )
On this _ day of __, 20_, before me, the undersigned officer, personally appeared [NAME(S) OF SIGNER(S)], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public – South Dakota
My Commission Expires: __
[// GUIDANCE: Use corporate acknowledgment form if an entity signs. South Dakota notarial law requires the notary’s stamp/seal and commission expiration date.]
EXHIBIT A
Legal Description of the Property
[Insert full and accurate legal description (metes and bounds, lot and block, or other).]
EXHIBIT B (Optional)
Schedule of Tenancies / Possessory Rights
[Identify any leases or occupants that will remain post-closing.]
[// GUIDANCE: 1) Deliver a completed South Dakota “Certificate of Real Estate Value” (SD Department of Revenue Form PT 56) to the Recorder at the time of filing; 2) verify county-specific margin, font, and document title requirements; and 3) confirm the current transfer fee rate and exemptions prior to closing.]