QUITCLAIM DEED
(West Virginia – State-Law Form)
[// GUIDANCE: This template is intentionally more comprehensive than a typical “short-form” deed. The additional provisions (Definitions, Covenants, Dispute Resolution, etc.) are included to strengthen enforceability, prevent common disputes, and satisfy the drafting architecture requested by the client. Counsel may freely omit or streamline any section that is unnecessary for a particular transaction while preserving statutory compliance._]
DOCUMENT HEADER
THIS INSTRUMENT PREPARED BY: [NAME OF PREPARING ATTORNEY OR TITLE AGENT]
[FULL STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE / EMAIL]
AFTER RECORDING RETURN TO: [NAME & ADDRESS FOR RETURN]
[ATTN: ____]
TAX BILL MAILING ADDRESS: [GRANTEE NAME & ADDRESS]
[// GUIDANCE: W. Va. recording statutes require the name and address of the preparer and a return address to be shown on the first page of the deed. See W. Va. Code ch. 39, art. 1.]
TABLE OF CONTENTS
- Definitions
- Recitals
- Operative Conveyance
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
1. DEFINITIONS
For purposes of this Quitclaim Deed (the “Deed”), capitalized terms have the meanings assigned below, unless the context clearly requires otherwise.
“Affidavit of Transfer Tax” means any affidavit, declaration, or return required under W. Va. Code ch. 11, art. 22 in connection with the payment of West Virginia real estate excise (transfer) tax.
“Applicable Law” means all federal, state, and local statutes, codes, regulations, and ordinances governing the conveyance, recording, and taxation of real property located in the State of West Virginia.
“Closing Date” means [CLOSING DATE], the date on which this Deed is delivered by Grantor and accepted for recording.
“Consideration” means the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERICAL]) and other good and valuable consideration paid by Grantee to Grantor.
“Grantor” means [FULL LEGAL NAME(S) OF GRANTOR(S)] of [ADDRESS], including any heirs, successors, personal representatives, or permitted assigns.
“Grantee” means [FULL LEGAL NAME(S) OF GRANTEE(S)] of [ADDRESS], including any heirs, successors, personal representatives, or permitted assigns.
“Premises” means the real property located in the State of West Virginia and described in Exhibit A attached hereto, together with all appurtenant rights, privileges, easements, and hereditaments thereunto belonging.
2. RECITALS
A. Grantor is the current record owner of whatever right, title, and interest may exist in and to the Premises.
B. Grantee has tendered the Consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor.
C. Grantor now desires to convey and Grantee desires to receive Grantor’s interest in the Premises by quitclaim deed, without covenants or warranties of title.
3. OPERATIVE CONVEYANCE
3.1 Grant. Grantor, for and in consideration of the Consideration and other good and valuable consideration, hereby QUITCLAIMS, conveys, and releases unto Grantee, without warranty of title, express or implied, all of Grantor’s right, title, and interest, if any, in and to the Premises, to have and to hold the same unto Grantee forever.
3.2 Legal Description. The Premises are more particularly described on Exhibit A attached hereto and incorporated herein by reference.
3.3 Consideration & Transfer Tax.
(a) The parties agree that the total taxable consideration is the Consideration set forth above.
(b) The West Virginia real estate transfer tax required by W. Va. Code § 11-22-2 (currently US $1.65 per every US $500 of consideration, or fraction thereof) shall be remitted at recording, affixed in the form of documentary stamps, unless an exemption applies.
(c) Grantor [SELECT: “shall” / “shall not”] be responsible for payment of the transfer tax. If exempt, an exemption code must be stated on the face of this Deed.
3.4 Conditions Precedent. Recording of this Deed and payment (or lawful exemption) of applicable transfer taxes shall be conditions precedent to the effectiveness of the conveyance.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor represents that it has full right, power, and lawful authority to execute and deliver this Deed.
4.2 No Other Warranties. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, express or implied, AS TO TITLE, USE, ZONING, CONDITION, VALUE, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE CONVEYANCE HEREIN IS MADE “AS IS, WHERE IS, WITH ALL FAULTS.”
4.3 Survival. Section 4.1 shall survive and not merge into the recording of this Deed; all other representations terminate at Closing.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute and deliver such additional instruments as may be necessary to effectuate the intent of this Deed, provided such instruments impose no additional liability on Grantor.
5.2 Use Restrictions. None, except those of record as of the Closing Date, applicable zoning ordinances, and restrictions imposed by Applicable Law. Grantor makes no representation concerning the enforceability or effect of any third-party restrictions.
6. DEFAULT & REMEDIES
6.1 Grantor Default. Grantor’s sole post-closing obligation is set forth in Section 5.1. Failure to comply after ten (10) days’ written notice from Grantee shall permit Grantee to seek specific performance but not damages exceeding the Consideration actually received by Grantor.
6.2 Grantee Default. Failure of Grantee to deliver full Consideration or transfer-tax funds as required shall permit Grantor to declare this Deed void ab initio by written notice recorded within ninety (90) days of Closing.
6.3 Attorney Fees. In any action arising under this Deed, the prevailing party shall be entitled to reasonable attorney fees and costs, not to exceed 25% of the amount in controversy.
7. RISK ALLOCATION
7.1 Indemnification. NONE. The parties expressly agree that no party is providing indemnity of any kind.
7.2 Limitation of Liability. Grantor’s cumulative liability to Grantee shall not exceed the Consideration actually received, and Grantor shall in no event be liable for consequential, incidental, or punitive damages.
7.3 Force Majeure. No party shall be liable for failure to perform pre-closing obligations to the extent caused by events beyond the reasonable control of such party, including acts of God, war, terrorism, or governmental action.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the laws of the State of West Virginia, without regard to its conflict-of-law rules.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts sitting in the county where the Premises are located.
8.3 Arbitration. ARBITRATION IS EXPRESSLY EXCLUDED.
8.4 Jury Waiver. NONE. Each party retains its right to a trial by jury.
8.5 Injunctive Relief. A party may seek temporary or preliminary injunctive relief only to preserve the status quo or prevent irreparable harm prior to a final adjudication on the merits.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the complete agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or understandings, written or oral.
9.2 Amendment & Waiver. Any amendment or waiver must be in a written instrument signed by the party against whom enforcement is sought.
9.3 Severability. If any provision of this Deed is held invalid under Applicable Law, the remainder shall be interpreted to effectuate the parties’ intent to the maximum extent permitted.
9.4 Assignment. Grantee may assign this Deed upon recording of an appropriate instrument; Grantor shall have no further liability to any assignee beyond that stated herein.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and signatures delivered by electronic means shall be deemed effective to bind the signing party.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the undersigned Grantor has executed this Quitclaim Deed as of the ___ day of ___, 20_ (“Execution Date”).
GRANTOR:
[NAME OF GRANTOR, Title/Capacity if Entity]
[// GUIDANCE: If the Grantor is married and the Premises constitute or may constitute a homestead, obtain spouse’s signature to release dower/curtesy rights.]
SPOUSE/DOWER RELEASE (if applicable):
[NAME OF SPOUSE]
GRANTEE (Signature for Acceptance/Certification of Consideration—OPTIONAL):
[NAME OF GRANTEE, Title/Capacity if Entity]
NOTARY ACKNOWLEDGMENT
(West Virginia Short Form – Individual)
State of West Virginia, County of ________, to-wit:
The foregoing instrument was acknowledged before me this ___ day of __, 20_, by ________ [name of person(s) acknowledging].
NOTARY PUBLIC
My commission expires: _____
[Seal]
[// GUIDANCE: For entity Grantors/Grantees, substitute the appropriate West Virginia corporate or LLC acknowledgment form. Confirm current notarial wording and identification requirements under W. Va. Code ch. 39.]
EXHIBIT A
(Legal Description of Premises)
[Insert metes-and-bounds description, lot and block, or reference to recorded plat; include district, map, and parcel numbers for county assessor purposes.]
RECORDING CHECKLIST (West Virginia)
- Original signed deed with preparer’s name and return address on first page.
- Correct legal description and property tax identifiers.
- Completed Sales Listing Form (if required by county).
- Documentary stamps affixed (or exemption noted) pursuant to W. Va. Code § 11-22-2.
- Proper West Virginia acknowledgment.
- Transfer tax payment or exemption code indicated on face of the deed.
[// GUIDANCE: County clerks will reject deeds omitting any mandatory element above. Always verify county-specific requirements (e.g., cover sheets, font size, margin rules) before closing.]
END OF DOCUMENT