Bargain and Sale Deed with Covenants Against Grantor's Acts - New Jersey

[IF NEW CONSTRUCTION, REPLACE THIS LINE WITH "NEW CONSTRUCTION" AT THE TOP OF PAGE ONE AND APPEND THE GRANTOR'S AFFIDAVIT; OTHERWISE DELETE THIS LINE]

BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS

(New Jersey Form of Special Warranty Deed)

State of New Jersey

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS

THIS DEED is made on _________________, 20_____

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

BETWEEN:

_____________________________________________
(Name)

whose address is _____________________________________________

Marital Status:
☐ Single
☐ Married
☐ Civil union
☐ Unmarried
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Principal residence and joint-possession right (N.J.S.A. 3B:28-3; 37:1-32):
☐ No non-owner spouse or civil-union partner has a joint-possession right in this property.
☐ A non-owner spouse or civil-union partner has such a right, which remains attached to the property after this deed.
☐ That person releases the right by signing the written release below.
☐ That person has released, subordinated, or extinguished the right in a separate written instrument or court order: [NAME / DOCUMENT / DATE / RECORDING REFERENCE]. Attach or identify the instrument.

referred to as the "Grantor"

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

whose address is _____________________________________________

Vesting:
☐ Single
☐ Married
☐ As tenants by the entirety (married spouses or civil union partners)
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

referred to as the "Grantee"

ARTICLE II: CONVEYANCE

Section 2.1 Consideration

The Grantor received from the Grantee: $_____________________ (____________________ Dollars)

Section 2.2 Granting Clause

The Grantor grants and conveys (bargains and sells) to the Grantee:

Section 2.3 Legal Description

The property in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, State of New Jersey.

See Schedule "A" attached hereto and made a part hereof.

Being commonly known as: _____________________________________________

Block: _______ Lot: _______

Being the same premises conveyed to Grantor by deed from _________________________ dated _________________, recorded in the _________________ County Clerk's Office in Deed Book _______, Page _______.

Section 2.4 Appurtenances

Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.

ARTICLE III: COVENANTS AGAINST GRANTOR'S ACTS

Section 3.1 Limited Covenant

The Grantor covenants that the Grantor has not done or allowed anything that would encumber the property, EXCEPT as noted herein.

Section 3.2 Effect of Covenant

The covenant against Grantor's acts is limited to acts the Grantor did, executed, or knowingly permitted that changed or encumbered the property's title or estate. This deed does not add a separate promise to defend title against claims.

Section 3.3 Limitation of Warranty

NOTICE: This is a BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS, which is New Jersey's form of a special warranty deed. The covenants contained herein are LIMITED to claims arising from Grantor's acts. This deed does NOT warrant against:

• Defects in title existing prior to Grantor's ownership
• Liens or encumbrances created by prior owners
• Claims of persons NOT claiming by, through, or under Grantor

Section 3.4 Statutory References

This conveyance is made pursuant to:

• N.J.S.A. 46:4-1 et seq. (Short form deeds and covenants)
• N.J.S.A. 46:26A-3 (Prerequisites for recording)
• N.J.S.A. 46:15-5 et seq., specifically N.J.S.A. 46:15-7 (Realty Transfer Fee)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Real property taxes for the current year and subsequent years;

(b) All applicable zoning, land use, and building regulations;

(c) All covenants, conditions, restrictions, easements, rights-of-way, and reservations of record;

(d) All matters which would be disclosed by an accurate survey;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: REALTY TRANSFER FEE (RTF)

Section 5.1 New Jersey Realty Transfer Fee (N.J.S.A. 46:15-5 et seq.; rates set by N.J.S.A. 46:15-7)

The Realty Transfer Fee is computed based on the consideration stated in the deed. New Jersey applies two different rate schedules depending on whether total consideration is $350,000 or less, or exceeds $350,000.

Consideration: $_____________________

Standard RTF Rates - Consideration NOT exceeding $350,000:

• $2.00 per $500 not in excess of $150,000
• $3.35 per $500 in excess of $150,000 but not in excess of $200,000
• $3.90 per $500 in excess of $200,000 but not in excess of $350,000

Standard RTF Rates - Consideration exceeding $350,000:

• $2.90 per $500 not in excess of $150,000
• $4.25 per $500 in excess of $150,000 but not in excess of $200,000
• $4.80 per $500 in excess of $200,000 but not in excess of $550,000
• $5.30 per $500 in excess of $550,000 but not in excess of $850,000
• $5.80 per $500 in excess of $850,000 but not in excess of $1,000,000
• $6.05 per $500 in excess of $1,000,000

RTF Due: $_____________________

Section 5.2 Graduated Percent Fee (GPF) - Effective July 10, 2025

For sales over $1,000,000, the Graduated Percent Fee applies (paid by seller):

☐ GPF Applicable - Amount: $_____________________

Section 5.3 RTF Exemptions (N.J.S.A. 46:15-10)

☐ This transfer is exempt from RTF. Exemption reason:
_____________________________________________

Common Exemptions:

• Consideration for the deed is less than $100
• Transfers between spouses, or between parent and child
• Partial exemption (reduced RTF rate, not a full exemption) available to qualifying senior citizens (age 62+), blind persons, and disabled persons (RTF only; the Graduated Percent Fee has no such partial exemption)

ARTICLE VI: AFFIDAVIT OF CONSIDERATION

Section 6.1 Certification

The undersigned Grantor(s), being duly sworn according to law upon their oath, depose(s) and say(s) that the consideration set forth in this deed is the actual amount of the full and complete consideration paid or to be paid for the property described herein.

Amount of Consideration: $_____________________

_____________________________________________
Grantor Signature

Sworn to and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Officer Authorized to Administer Oaths

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

WITNESS:

_____________________________________________
Witness Signature

_____________________________________________
Witness Printed Name

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

Joint-Possession Release (complete only if selected above)

I, [NON-OWNER SPOUSE OR CIVIL-UNION PARTNER NAME], release my right of joint possession, if any, in the property described in this deed under N.J.S.A. 3B:28-3. I do not convey any title interest by this release. If I own an interest in the property, I must execute the deed as a grantor to convey that interest.

_____________________________________________
Signature of non-owner spouse or civil-union partner releasing joint possession

Printed name: [____________________] Date: [____________]

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 New Jersey Acknowledgment (Individual)

STATE OF NEW JERSEY
COUNTY OF _________________

I CERTIFY that on _________________, 20_____, _____________________________________________

personally came before me, and this person acknowledged under oath, to my satisfaction, that:

(a) this person (or if more than one, each person) is a grantor or the non-owner spouse or civil-union partner signing the joint-possession release in the attached instrument;
(b) this person (these persons) is/are the same person(s) who signed the attached instrument; and
(c) this person (these persons) signed, sealed, and delivered the attached instrument as his/her/their act and deed.

_____________________________________________
Notary Public of New Jersey

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 New Jersey Acknowledgment (Entity)

STATE OF NEW JERSEY
COUNTY OF _________________

I CERTIFY that on _________________, 20_____, _________________________ personally came before me, and this person acknowledged under oath, to my satisfaction, that:

(a) this person is the _________________________ [title] of _________________________ [entity name], the entity named in the attached instrument;
(b) this person is authorized to execute the attached instrument on behalf of said entity;
(c) this person signed and delivered the attached instrument as the voluntary act and deed of said entity.

_____________________________________________
Notary Public of New Jersey

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I CERTIFY that on _________________, 20_____, _____________________________________________

personally came before me, and this person acknowledged under oath, to my satisfaction, that this person signed, sealed, and delivered the attached instrument as his/her/their act and deed.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

SCHEDULE A - LEGAL DESCRIPTION

Legal Description of Property:

The land in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, State of New Jersey:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

NEW JERSEY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

• Black, legible type for scanning
• Blue ink signatures recommended
• Block, lot, township, and county on first page
• Grantor names as appearing on prior deed on first page

Recording Fees

Check the current fee schedule of the county clerk where the deed will be recorded. Page charges, abstracting and form-recording charges, any cover-sheet surcharge, the homelessness trust fund charge, and applicable transfer taxes must be accounted for separately. There is no single statewide three-page deed total; Camden and Cumberland County publish different deed fee schedules.

Realty Transfer Fee Schedule (Standard) (N.J.S.A. 46:15-7)

Total consideration NOT exceeding $350,000:

Total consideration exceeding $350,000:

Graduated Percent Fee (Effective July 10, 2025)

For properties over $1,000,000 (paid by seller):

• 1% if over $1M to $2M
• 2% if over $2M to $2.5M
• 2.5% if over $2.5M to $3M
• 3% if over $3M to $3.5M
• 3.5% if over $3.5M

Covered property classes: The GPF applies to Class 2 residential property, Class 3A farmland with a building or structure intended or suited for residential use, qualifying Class 4A commercial property, and Class 4C cooperative units. Vacant land and Class 3B farmland are outside these listed classes; check the property's assessment class and the applicable statutory exemptions before calculating the fee.

RTF Exemptions (N.J.S.A. 46:15-10)

• Sales under $100
• Transfers between spouses/parent-child
• Partial exemption (reduced rate, not a full exemption): qualifying senior citizen (62+), blind person, or disabled person who is the seller
• Partial exemption (reduced rate): low/moderate income housing

Note: GPF does NOT have provisions for senior/blind/disabled discounts.

Required Accompanying Documents

1. Affidavit of Consideration (RTF-1) - File if claiming a full or partial Realty Transfer Fee exemption.
2. RTF Payment - To County Clerk
3. Form RTF-1EE for the Graduated Percent Fee - Annex for consideration over $1 million and for a commercial property transfer, as directed by the Division of Taxation.
4. GIT/REP form - Generally record the form appropriate to the transfer with the deed; check the Division of Taxation's form instructions for the applicable form and limited exceptions.

Important New Jersey Notes

1. Bargain and Sale Standard: Bargain and Sale Deed with Covenants is the most common deed type in New Jersey.

2. GPF Changes (July 2025): The 1% "mansion tax" shifted from buyer to seller for properties over $1M.

3. Consideration and exemption: State the consideration in the deed; use Form RTF-1 when claiming a full or partial Realty Transfer Fee exemption.

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed New Jersey attorney is recommended.

THIS DEED WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
New Jersey Bar ID (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed New Jersey attorney before using this form.