QUITCLAIM DEED
(Utah Form – Comprehensive Draft)
[// GUIDANCE: This template is intentionally expansive to cover a wide array of potential deal structures and risk scenarios. Feel free to strike or simplify any provisions that exceed the needs of a routine conveyance, provided you remain compliant with Utah recording requirements.*]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
1. DOCUMENT HEADER
QUITCLAIM DEED
This Quitclaim Deed (“Deed”) is made effective as of [EFFECTIVE DATE] (“Effective Date”) by and between:
• [GRANTOR’S FULL LEGAL NAME], a [entity type/state] with a mailing address of [ADDRESS] (“Grantor”); and
• [GRANTEE’S FULL LEGAL NAME], a [entity type/state] with a mailing address of [ADDRESS] (“Grantee”).
Recitals:
A. Grantor is the sole owner of that certain real property located in the State of Utah more particularly described herein.
B. Grantor desires to convey, and Grantee desires to accept, all of Grantor’s right, title, and interest in and to the Property (as defined below) by quitclaim deed for the consideration stated herein, subject to the terms and conditions of this Deed.
2. DEFINITIONS
The following terms have the meanings set forth below. Terms used but not defined herein shall have their plain meaning or the meaning set forth in applicable Utah real-property law.
“Additional Rights” – all improvements, fixtures, easements, hereditaments, appurtenances, water rights (if any), mineral rights (if any), and all after-acquired title pertaining to the Property.
“Effective Date” – the date first set forth in the Document Header.
“Property” – collectively, (i) the real property described on Exhibit A attached hereto and incorporated herein (the “Land”), together with (ii) the Additional Rights.
“Recording Office” – the Office of the County Recorder for [COUNTY NAME] County, Utah.
3. OPERATIVE PROVISIONS
3.1 Conveyance. For [Ten Dollars ($10.00)] and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby QUITCLAIM, SELL, TRANSFER, and CONVEY to Grantee, without warranty of title, all of Grantor’s right, title, and interest, if any, in and to the Property, TO HAVE AND TO HOLD the same unto Grantee and to Grantee’s successors and assigns, forever.
3.2 Consideration Paid. The parties acknowledge that the consideration recited herein is contractual in nature and shall not be taken as an indication of the fair market value of the Property for tax or any other purpose.
3.3 No Warranties or Covenants. This conveyance is made without any express or implied warranties of title, merchantability, fitness for a particular purpose, habitability, or otherwise, all of which are hereby disclaimed to the fullest extent permitted by law.
3.4 Conditions Precedent. Delivery of this Deed is conditioned upon (a) Grantee’s payment of all recording fees, and (b) compliance with all governmental transfer-tax disclosure requirements, if any.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents that it has full authority to execute and deliver this Deed and to convey the Property as provided herein.
4.2 No Further Warranties. Except as expressly stated in Section 4.1, Grantor makes no representations or warranties, express or implied. All other warranties are expressly disclaimed and shall not survive delivery of this Deed.
5. COVENANTS & RESTRICTIONS
5.1 Future Instruments. Grantor covenants, solely to the extent of Grantor’s own acts, to execute and deliver such further instruments reasonably necessary to effectuate the intent of this Deed, provided that Grantor shall bear no cost or liability in connection therewith.
5.2 Use Restrictions. Nothing in this Deed shall be construed to waive or supersede any covenants, conditions, restrictions, or easements of record (“CC&Rs”), applicable zoning ordinances, or similar land-use controls.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) A party’s material breach of any obligation expressly surviving the delivery of this Deed constitutes an “Event of Default.”
6.2 Remedies.
(a) Upon an Event of Default, the non-defaulting party may seek any and all remedies available at law or in equity, except injunctive relief is limited to preventing immediate, irreparable harm that cannot be adequately remedied by monetary damages.
(b) Attorney Fees. The prevailing party in any action arising out of this Deed shall be entitled to recover reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. None. Each party shall bear its own risks and liabilities from and after the Effective Date.
7.2 Limitation of Liability. Grantor’s aggregate liability arising out of or in connection with this Deed shall in no event exceed the consideration actually received by Grantor.
7.3 Force Majeure. Neither party shall be liable for delays or failures to perform that are caused by events beyond its reasonable control (“Force Majeure Event”), provided the affected party gives prompt written notice and uses commercially reasonable efforts to mitigate.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by and construed in accordance with the real-property laws of the State of Utah, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in [COUNTY NAME] County, Utah.
8.3 Arbitration & Jury Waiver. Arbitration is expressly excluded. Nothing herein constitutes a waiver of trial by jury.
8.4 Injunctive Relief. As set forth in Section 6.2(a), injunctive relief is limited.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior or contemporaneous oral or written agreements.
9.2 Amendments. No amendment or waiver of any provision of this Deed shall be effective unless in writing and executed by the party against whom enforcement is sought.
9.3 Binding Effect. This Deed shall bind and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.
9.4 Severability. If any provision of this Deed is held invalid, the remainder shall remain in full force and effect to the maximum extent permitted by law.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in multiple counterparts, each of which shall be deemed an original. Electronic, facsimile, and digital signatures shall be deemed originals for all purposes.
9.6 Recording. Upon execution, Grantee shall cause this Deed (and any required supporting affidavits or forms) to be recorded in the Recording Office and shall pay all associated recording fees.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed effective as of the Effective Date.
GRANTOR
[NAME & TITLE]
Date: _____
GRANTEE
[NAME & TITLE]
Date: _____
STATUTORY ACKNOWLEDGMENT – UTAH
State of Utah
County of ______
On this _ day of _, 20____, before me, [Notary Name], a Notary Public in and for said State, personally appeared [Grantor Name], who being by me duly sworn (or affirmed) did say that he/she is the authorized signatory of the Grantor named in the foregoing instrument and that said instrument was signed on behalf of said Grantor; and the said [Grantor Name] acknowledged to me that said instrument is the free act and deed of said Grantor.
My commission expires: ________
Notary Public
[Seal]
EXHIBIT A – LEGAL DESCRIPTION
[INSERT FULL METES-AND-BOUNDS DESCRIPTION OR LOT/BLOCK/SUBDIVISION INFORMATION]
Parcel/Tax ID No.: _________
RECORDING INFORMATION (Utah)
Prepared by: ____
Return to: ______
Mail Tax Notices to: ______
[// GUIDANCE: Utah imposes no state-level transfer tax, but most counties require submission of a “Recorder’s Information Sheet” or equivalent. Confirm county-specific forms and fees (typically a basic recording fee plus $2 per additional description page).]