WARRANTY DEED
(Arkansas – General Warranty – Court-Ready Template)
[// GUIDANCE: This template is drafted to satisfy Arkansas statutory requirements, county-level recording standards, and customary title-industry practices. All bracketed fields MUST be completed or removed prior to execution and recordation. Delete guidance boxes before finalizing.]
RECORDING COVER PAGE
Required by many Arkansas counties – confirm local practice before removal.
Prepared By:
[PREPARER NAME, FIRM, AR BAR # (if any)]
[STREET ADDRESS] • [CITY, STATE ZIP] • Tel: [___]
After Recording Return To:
[RETURN NAME / TITLE COMPANY]
[STREET ADDRESS] • [CITY, STATE ZIP]
Send Tax Statements To:
[GRANTEE NAME]
[MAILING ADDRESS]
Parcel/Tax ID No.: []
County: []
Real Property Transfer Tax (Ark. Code Ann. § 26-60-105): $ [STAMP AMOUNT]
(Attach revenue stamps or exemption notation per § 26-60-102.)
TABLE OF CONTENTS
- Definitions
- Grant, Conveyance & Consideration
- Grantor’s Covenants of Title
- Risk Allocation; Indemnification; Liability Cap
- Transfer-Tax Compliance
- Recording & Post-Closing Obligations
- Governing Law; Forum Selection; Injunctive Relief
- General Provisions
- Execution & Acknowledgment
1. DEFINITIONS
For purposes of this Deed:
“County Recorder” means the Circuit Clerk-Recorder of the County where the Property is situated.
“Consideration” means the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[___]) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor.
“Covenants” means Grantor’s covenants of seisin, right to convey, quiet enjoyment, warranty, freedom from encumbrances, and further assurances, as set forth in Section 3.
“Deed” means this Warranty Deed together with all attachments and schedules.
“Property” means the real property legally described in Exhibit A, together with all appurtenances, improvements, hereditaments, and rights thereunto belonging.
“Transfer Tax” has the meaning given in Ark. Code Ann. § 26-60-105 et seq.
2. GRANT, CONVEYANCE & CONSIDERATION
FOR AND IN CONSIDERATION of the Consideration, and subject to the terms herein, [GRANTOR FULL LEGAL NAME], a [state & entity type / individual] (“Grantor”), hereby GRANTS, BARGAINS, SELLS, and CONVEYS unto [GRANTEE FULL LEGAL NAME], a [state & entity type / individual] (“Grantee”), in fee simple, the Property, TO HAVE AND TO HOLD the same forever.
[// GUIDANCE: If reserving oil, gas, or other mineral interests, insert reservation language here.]
3. GRANTOR’S COVENANTS OF TITLE
Grantor warrants to Grantee and Grantee’s successors and assigns that:
3.1 Seisin & Right to Convey. Grantor is lawfully seized of an indefeasible estate in fee simple in the Property and has full power and lawful authority to convey the same.
3.2 Freedom from Encumbrances. The Property is free and clear of all liens, claims, charges, security interests, and encumbrances, except for:
(a) matters expressly set forth in Exhibit B (Permitted Exceptions); and
(b) real estate taxes and assessments not yet due and payable.
3.3 Quiet Enjoyment & General Warranty. Grantee shall quietly enjoy and possess the Property without lawful disturbance, and Grantor will defend the title against all persons whosoever lawfully claiming the same.
3.4 Further Assurances. Grantor will, upon reasonable request and without further consideration, execute and deliver such additional instruments as may be reasonably necessary to perfect Grantee’s title.
All Covenants shall run with the land and survive delivery of this Deed.
4. RISK ALLOCATION; INDEMNIFICATION; LIABILITY CAP
4.1 Grantor’s Indemnity. Grantor shall indemnify, defend, and hold harmless Grantee from and against any Losses arising out of a breach of the Covenants.
4.2 Cap on Liability. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid, plus reasonable attorneys’ fees and costs awarded by a court of competent jurisdiction.
4.3 Exclusion of Consequential Damages. Neither party shall be liable for punitive, special, or consequential damages arising from this Deed.
5. TRANSFER-TAX COMPLIANCE
5.1 Responsibility for Tax. Pursuant to Ark. Code Ann. §§ 26-60-102 & -105, Grantor and Grantee shall be jointly and severally responsible for payment of Transfer Tax unless exempt or otherwise agreed in writing.
5.2 Affidavit of Compliance. The parties shall execute the Arkansas Real Property Transfer Tax Affidavit (Form PT-1) and cause it to be filed concurrently with this Deed.
5.3 Revenue Stamps. The appropriate revenue stamps, or lawful exemption notation, shall be affixed to this Deed prior to recording.
6. RECORDING & POST-CLOSING OBLIGATIONS
6.1 Recording. Grantee shall cause this Deed (and all required affidavits) to be recorded promptly in the office of the County Recorder for the county in which the Property is located.
6.2 Return of Recorded Instrument. The recorded Deed shall be returned to the address set forth on the Cover Page.
7. GOVERNING LAW; FORUM SELECTION; INJUNCTIVE RELIEF
7.1 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict-of-laws principles.
7.2 Forum Selection. The parties submit to the exclusive jurisdiction of the state courts of the County where the Property is located for any action arising under or relating to this Deed.
7.3 Injunctive Relief. Nothing herein shall limit either party’s right to seek injunctive or equitable relief, including an action to quiet title.
7.4 Arbitration & Jury Trial. The parties expressly exclude arbitration and do not waive the right to trial by jury.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior agreements or understandings.
8.2 Amendment; Waiver. No amendment or waiver shall be effective unless in writing and signed by the party against whom enforcement is sought.
8.3 Severability. If any provision of this Deed is held invalid, the remaining provisions shall remain in full force to the fullest extent permitted by law.
8.4 Successors & Assigns. This Deed shall bind and inure to the benefit of the parties and their respective successors and assigns.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by electronic means shall be deemed original and binding.
9. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Warranty Deed effective as of [EFFECTIVE DATE].
Grantor:
[GRANTOR NAME]
[Title / Capacity]
Grantee:
[GRANTEE NAME]
[Title / Capacity]
NOTARY ACKNOWLEDGMENT – INDIVIDUAL (Ark. Code Ann. § 16-47-207)
State of Arkansas )
County of [___] ) SS:
On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared [NAME OF SIGNATORY], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public
My Commission Expires: _
Notary ID No.: _
[// GUIDANCE: For corporate or LLC Grantors/Grantees, attach an officer/manager acknowledgment form compliant with Ark. Code Ann. § 16-47-207 and insert corporate authority resolutions as needed.]
EXHIBIT A – LEGAL DESCRIPTION
[Insert full metes-and-bounds or lot-block-subdivision description. Verify against last vesting deed and survey.]
EXHIBIT B – PERMITTED EXCEPTIONS
- Real estate taxes and assessments not yet due or payable.
- Easements, rights-of-way, and restrictions of record.
- [Additional items, if any.]
[// GUIDANCE:
1. Review title commitment and survey to populate Exhibit B.
2. Confirm no additional state-specific forms (e.g., mineral deeds, marital releases) are required.
3. Retain superseded drafts in the file for ethical compliance, but do not record them.]