[// GUIDANCE: This template is intentionally drafted in modular, court-ready form. Replace every bracketed [PLACEHOLDER] with matter-specific information. Delete all guidance comments before final execution/recording.]
WHEN RECORDED, MAIL TO:
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
☐ SAME AS “RETURN TO” ABOVE
APN: [Assessor’s Parcel Number]
DOCUMENTARY TRANSFER TAX: $[0.00]
☐ Computed on full value of property conveyed
☐ Computed on full value less liens or encumbrances remaining at time of sale
☐ Exempt (Rev. & Tax. Code § 11927) – Basis: [EXEMPTION DESCRIPTION]
[SPACE ABOVE THIS LINE FOR RECORDER’S USE]
GENERAL WARRANTY DEED
(State of California)
This General Warranty Deed (this “Deed”) is made as of [Effective Date] (the “Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [State] [Entity Type] with mailing address at [Grantor Address] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [State] [Entity Type] with mailing address at [Grantee Address] (“Grantee”).
TABLE OF CONTENTS
- Definitions
- Conveyance & Consideration
- Representations & Warranties of Grantor
- Warranty Covenants & Indemnification
- Permitted Exceptions
- Liability Cap
- Default; Remedies
- Miscellaneous Provisions
- Exhibits
- Execution & Acknowledgment
1. DEFINITIONS
For ease of reference, the following capitalized terms are used herein:
“Deed” means this General Warranty Deed, together with all Exhibits.
“Effective Date” is the date set forth on page 1, notwithstanding later recording.
“Permitted Exceptions” has the meaning provided in Section 5.
“Property” means the real property more particularly described on Exhibit A, together with all appurtenant rights, hereditaments, and improvements.
[// GUIDANCE: Add or delete defined terms to align with transaction specifics.]
2. CONVEYANCE & CONSIDERATION
2.1 Grant. For good and valuable consideration of [Written Dollar Amount] Dollars (US $[Numerical Amount]) (the “Consideration”), the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, sells, conveys, and warrants unto Grantee all of Grantor’s right, title, and interest in and to the Property, to have and to hold the same in fee simple forever, subject only to the Permitted Exceptions.
2.2 Recordation. Grantee shall cause this Deed to be recorded in the Official Records of the County of [County], State of California, promptly following delivery.
3. REPRESENTATIONS & WARRANTIES OF GRANTOR
Grantor represents and warrants to Grantee that, as of the Effective Date and continuing through recordation:
a. Authority. Grantor has full right, power, and authority to execute and deliver this Deed and to convey the Property.
b. Title. Grantor is lawfully seized of an indefeasible estate in fee simple in and to the Property.
c. No Encumbrances. Except for the Permitted Exceptions, the Property is free from all liens, encumbrances, security interests, and claims of third parties.
d. Adverse Claims. To Grantor’s knowledge, there are no pending or threatened claims, actions, or proceedings affecting title to, or possession of, the Property.
e. Compliance. Grantor has not received written notice of any material violation of law relating to the Property that remains uncured.
The foregoing representations and warranties shall survive delivery, recordation, and any subsequent conveyance by Grantee for a period of [___] years.
4. WARRANTY COVENANTS & INDEMNIFICATION
4.1 General Warranty. Grantor warrants to Grantee, its successors, and assigns that Grantor will defend the title to the Property against the lawful claims and demands of all persons claiming by, through, or under Grantor, but none other, and will reimburse Grantee for any loss or damage resulting from breach of this warranty.
4.2 Quiet Enjoyment. Grantee shall quietly enjoy and possess the Property without lawful interruption or disturbance by Grantor or any person claiming under Grantor.
4.3 Indemnification. Subject to Section 6 (Liability Cap), Grantor shall indemnify, defend, and hold harmless Grantee from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of Grantor’s covenants in this Section 4.
5. PERMITTED EXCEPTIONS
The conveyance herein is made subject to the following (collectively, the “Permitted Exceptions”):
- Real property taxes and assessments not yet delinquent.
- Covenants, conditions, restrictions, reservations, rights-of-way, easements, and other matters of record as of the Effective Date that do not materially interfere with Grantee’s intended use of the Property.
- Matters created by or through Grantee.
6. LIABILITY CAP
Notwithstanding any provision to the contrary, Grantor’s aggregate liability to Grantee for breaches of its representations, warranties, or covenants under this Deed shall in no event exceed the Consideration actually paid by Grantee, plus documented recording fees and transfer taxes, if any.
[// GUIDANCE: Parties may elect to increase or strike the cap; adjust to deal economics.]
7. DEFAULT; REMEDIES
7.1 Event of Default. Failure of a party to perform any material obligation under this Deed within [30] days after written notice constitutes an “Event of Default.”
7.2 Remedies. Upon an Event of Default, the non-defaulting party may (i) seek specific performance, (ii) pursue an action for damages subject to Section 6, and/or (iii) seek injunctive or quiet-title relief as appropriate.
7.3 Attorneys’ Fees. In any action arising out of or related to this Deed, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
8. MISCELLANEOUS PROVISIONS
8.1 Governing Law; Forum. This Deed shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict-of-laws rules. Any action concerning this Deed shall be filed exclusively in the state courts located in [County] County, California.
8.2 No Arbitration; No Jury Waiver. The parties expressly exclude arbitration and do not waive the right to a jury trial.
8.3 Entire Agreement; Amendments. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and may be amended only by a written instrument duly executed and acknowledged by Grantor and Grantee.
8.4 Successors and Assigns. All covenants herein run with the land and inure to the benefit of, and are binding upon, the parties hereto and their respective heirs, legal representatives, successors, and assigns.
8.5 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one instrument. Signatures delivered via electronic means shall be deemed original and binding for all purposes, subject to California Government Code §§ 16.5 & 27391.
9. EXHIBITS
• Exhibit A – Legal Description of the Property
• Exhibit B – Map or Survey (if available)
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties hereto have executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: _____
Name: [Authorized Signatory]
Title: [Title]
GRANTEE (accepting conveyance):
[GRANTEE LEGAL NAME]
By: _____
Name: [Authorized Signatory]
Title: [Title]
NOTARY ACKNOWLEDGMENT – CALIFORNIA
[// GUIDANCE: California requires the precise statutory form in Civ. Code § 1189. Do not alter substantive text.]
State of California )
County of _____)On ___ [date] before me, _, Notary Public, personally appeared ____, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal) Signature of Notary Public
[END OF DOCUMENT]