GENERAL WARRANTY DEED
(Arizona – Court-Ready Template)
[// GUIDANCE: This template is intentionally more comprehensive than the “short-form” deeds typically filed in Arizona. The added structure (e.g., Definitions, Remedies, Risk Allocation) anticipates post-closing disputes and allocates liability consistent with the metadata you provided. Omit or streamline any provisions your client does not require.*
TABLE OF CONTENTS
- Document Header
- Definitions
- Granting Clause & Conveyance
- Representations, Warranties & Statutory Covenants
- Covenants Running with the Land
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
1. DOCUMENT HEADER
WHEN RECORDED RETURN TO:
[NAME]
[FIRM / COMPANY]
[STREET ADDRESS]
[CITY, STATE ZIP]
Recorder’s Use Only
(2-inch top margin required pursuant to A.R.S. § 11-480(A))
GENERAL WARRANTY DEED
Effective Date: ___, 20_
This General Warranty Deed (“Deed”) is made by [GRANTOR’S FULL LEGAL NAME], a [state & entity type] (“Grantor”), whose mailing address is [_], to [GRANTEE’S FULL LEGAL NAME], a [state & entity type] (“Grantee”), whose mailing address is [_].
Grantor and Grantee are sometimes referred to collectively as the “Parties.”
Recitals
A. Grantor is lawfully seized of the real property described below.
B. Grantor desires to convey, and Grantee desires to receive, fee simple title to the Property (defined below) subject only to Permitted Exceptions (defined below).
C. The conveyance is made for the consideration stated in Section 3.2.
2. DEFINITIONS
For purposes of this Deed, capitalized terms have the meanings set forth below:
“Affidavit of Property Value” means the form required under A.R.S. §§ 11-1131 – 11-1133, as the same may be amended, unless an exemption applies.
“Deed” means this General Warranty Deed, together with all schedules, riders, and acknowledgments.
“Permitted Exceptions” means:
a. Real property taxes and assessments not yet due and payable;
b. Easements, rights-of-way, covenants, conditions, and restrictions of record as of the Effective Date; and
c. Matters disclosed in Schedule B of the title commitment accepted by Grantee prior to closing.
“Property” means the real property located in ____ County, Arizona, legally described on Exhibit A attached hereto and incorporated herein, together with all improvements, fixtures, rights, hereditaments, and appurtenances belonging thereto.
3. GRANTING CLAUSE & CONVEYANCE
3.1 Conveyance. For and in consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERIC]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (“Consideration”), Grantor does hereby grant, bargain, sell, convey, and warrant to Grantee, the Property in fee simple, together with all after-acquired title.
3.2 Delivery; Recording. Delivery occurs upon Grantor’s manual or electronic execution and unconditional tender of this Deed to Grantee. Grantee shall cause this Deed and the Affidavit of Property Value (or written exemption statement) to be recorded in the Office of the Recorder for ____ County, Arizona, in compliance with A.R.S. § 11-480.
4. REPRESENTATIONS, WARRANTIES & STATUTORY COVENANTS
4.1 Grantor’s Authority. Grantor is duly authorized to execute and deliver this Deed and to convey the Property; no further consents are required.
4.2 Statutory Warranty Covenants. Pursuant to A.R.S. § 33-435, Grantor covenants that:
a. Grantor is lawfully seized in fee simple of the Property and has good right to convey;
b. The Property is free from all encumbrances other than the Permitted Exceptions;
c. Grantor will warrant and defend the title to the Property against the lawful claims and demands of all persons; and
d. Grantor will execute such further assurances as may be reasonably requested by Grantee to perfect the title herein conveyed.
4.3 Survival. The covenants in this Section survive closing and run with the land.
5. COVENANTS RUNNING WITH THE LAND
5.1 Use Restrictions. The Property shall remain subject to all zoning ordinances, environmental regulations, and land-use restrictions of competent governmental authorities.
5.2 Compliance Cooperation. Grantor shall, at no cost to itself, cooperate with Grantee after closing in executing any documents reasonably required to cure title defects existing as of the Effective Date.
6. RISK ALLOCATION
6.1 Indemnification. Grantor shall indemnify, defend, and hold Grantee harmless from and against any Losses (defined below) arising from a breach of the covenants set forth in Section 4, subject to Section 6.2.
6.2 Liability Cap. Grantor’s cumulative liability under this Deed shall not exceed the Consideration actually received by Grantor.
6.3 Definition of Losses. “Losses” means all reasonably incurred costs, damages, and expenses (including reasonable attorneys’ fees) arising from third-party claims alleging superior title to the Property or other breaches of Grantor’s covenants herein.
6.4 Exclusion of Consequential Damages. Neither Party shall be liable for punitive, special, or consequential damages in connection with this Deed.
6.5 Force Majeure. Neither Party shall be liable for delay or failure to perform caused by events beyond its reasonable control, excluding monetary obligations.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Deed shall be governed by and construed in accordance with the real property laws of the State of Arizona, without regard to conflicts-of-law principles.
7.2 Forum Selection. Any action arising out of or relating to this Deed shall be commenced exclusively in the state courts of ____ County, Arizona.
7.3 Injunctive Relief. Nothing herein shall restrict either Party from seeking injunctive or other equitable relief, including but not limited to an action to quiet title.
7.4 Arbitration & Jury Trial. The Parties expressly decline arbitration and do not waive the right to a jury trial.
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.
8.2 Amendments. Any amendment to this Deed must be in a writing executed by both Parties and recorded.
8.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.
8.4 Successors & Assigns. This Deed shall bind and benefit the Parties and their respective heirs, legal representatives, successors, and assigns.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original; electronic signatures are deemed effective to the fullest extent allowed under applicable law.
9. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR’S NAME]
[Title, if entity]
[Seal, if required]
GRANTEE (acknowledgment of receipt only):
[GRANTEE’S NAME]
[Title, if entity]
NOTARY ACKNOWLEDGMENT (Individual Grantor)
State of Arizona )
County of ____ ) ss.
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [GRANTOR’S NAME], who proved to me on the basis of satisfactory evidence 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.
Witness my hand and official seal.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Use the corporate acknowledgment form in A.R.S. § 41-313 if the Grantor is an entity. Attach additional signature/notary blocks for multiple Grantors or Grantees.]
EXHIBIT A
(Legal Description of Property)
[INSERT FULL METES-AND-BOUNDS OR PLATTED LOT DESCRIPTION]
RECORDING CHECKLIST (Arizona-Specific)
- Cover sheet with 2-inch top margin (A.R.S. § 11-480(A)).
- Original signatures (or properly authenticated e-signatures).
- Notary acknowledgment compliant with A.R.S. § 41-313.
- Completed Affidavit of Property Value (A.R.S. §§ 11-1131 – 11-1133) or written exemption.
- Appropriate recording fee (county-specific).
- Return-to address on first page.
- Legible font (minimum 10-pt) and single-sided pages.
[// GUIDANCE: Arizona imposes no state transfer tax. Only the nominal recording fees and the Affidavit of Property Value are required unless an exemption applies.]