GENERAL WARRANTY DEED

(State of Colorado)

[// GUIDANCE: This template is designed to comply with Colorado statutory form requirements (Colo. Rev. Stat. § 38-30-113) while adding enhanced risk-allocation, dispute-resolution, and recording-compliance provisions requested by sophisticated practitioners. Bracketed items must be completed or revised before execution and recording.]

RECORDING COVER SHEET (for Clerk & Recorder use – do not detach)

Return to: [Name & Complete Mailing Address]
Send tax statements to (Grantee): [Name & Complete Mailing Address]
Recording fee enclosed: $[]
Documentary fee enclosed (if consideration > $500): $[] (see Colo. Rev. Stat. § 39-13-102)

TABLE OF CONTENTS

1. Deed Header & Parties
2. Definitions
3. Grant & Conveyance
4. Grantor’s Representations & Warranty Covenants
5. Risk Allocation & Remedies
6. Dispute Resolution
7. General Provisions
8. Execution & Notarial Acknowledgment
9. Exhibit A – Legal Description

(Click any heading to navigate.)

1. DEED HEADER & PARTIES

THIS GENERAL WARRANTY DEED (“Deed”) is made as of [Effective Date] (“Effective Date”) by and between:

• “Grantor”: [Full Legal Name], a [State] [Entity Type / Individual], having an address at [Address]; and
• “Grantee”: [Full Legal Name], a [State] [Entity Type / Individual], having an address at [Address] (together with any Successor, the “Grantee”).

FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, Grantor conveys and warrants to Grantee the real property situated in the County of [__] and State of Colorado, more particularly described on Exhibit A attached hereto (the “Property”), together with all improvements, hereditaments, and appurtenances thereto, subject only to the Permitted Encumbrances.

2. DEFINITIONS

“Consideration” – the amount of $[__] paid by Grantee to Grantor for the Property, receipt of which Grantor acknowledges.

“Encumbrance” – any lien, claim, restriction, covenant, easement, right-of-way, lease, or other interest affecting title.

“Permitted Encumbrances” – those Encumbrances listed on Schedule 1 hereto or otherwise expressly accepted in writing by Grantee before the Effective Date.

“Warranty Covenants” – the covenants of (i) seisin, (ii) right to convey, (iii) no undisclosed encumbrances, (iv) quiet enjoyment, and (v) warranty forever, each as defined under Colorado law.

3. GRANT & CONVEYANCE

3.1 Conveyance. Grantor hereby GRANTS, BARGAINS, SELLS, CONVEYS, and WARRANTS the Property to Grantee in fee simple absolute, together with all tenements, hereditaments, and appurtenances thereunto belonging, subject to the Permitted Encumbrances.

3.2 Consideration. Grantee has paid Grantor the Consideration, the receipt and sufficiency of which Grantor acknowledges.

3.3 Conditions Subsequent. None, except as may be set forth in Section 5.4 (Reverter) or expressly stated in Schedule 2 (if any).

4. GRANTOR’S REPRESENTATIONS & WARRANTY COVENANTS

4.1 Authority. Grantor is duly authorized to execute and deliver this Deed and to convey the Property.

4.2 Title. Grantor holds fee simple title to the Property free and clear of all Encumbrances other than the Permitted Encumbrances.

4.3 Survival. The Warranty Covenants shall run with the land and survive delivery of this Deed.

4.4 Limitation of Liability. Notwithstanding anything to the contrary, Grantor’s aggregate liability for breach of any Warranty Covenant shall not exceed the Consideration actually received by Grantor.

5. RISK ALLOCATION & REMEDIES

5.1 Indemnification. Grantor shall defend, indemnify, and hold Grantee harmless from any Losses arising out of a breach of the Warranty Covenants, subject to Section 4.4 (Liability Cap).

5.2 Notice & Cure. Grantee shall give Grantor written notice of any claim for breach within thirty (30) days after discovery and shall allow Grantor a reasonable period (not less than forty-five (45) days) to cure or otherwise resolve the claim before pursuing judicial relief, except where such delay would prejudice Grantee’s interests.

5.3 Quiet-Title Injunctive Relief. Grantee may seek injunctive or declaratory relief, including a quiet-title action, without posting bond, to enforce Grantor’s Warranty Covenants.

5.4 Reverter (Optional). [Bracketed—delete if not used] If Grantor fails to cure a breach within the period stated in Section 5.2, Grantee may elect, in lieu of damages, to reconvey the Property to Grantor for refund of the Consideration.

6. DISPUTE RESOLUTION

6.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.

6.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the state courts sitting in the county where the Property is located.

6.3 Arbitration & Jury Trial. The parties expressly exclude arbitration and do not waive the right to a jury trial.

7. GENERAL PROVISIONS

7.1 Entire Agreement. This Deed, together with the schedules and exhibits hereto, constitutes the entire agreement of the parties with respect to the conveyance of the Property and supersedes all prior agreements or understandings.

7.2 Amendment; Waiver. No amendment or waiver of any provision of this Deed shall be effective unless in a writing signed by the party against whom enforcement is sought.

7.3 Successors & Assigns. This Deed shall bind and benefit the parties and their respective heirs, successors, and assigns.

7.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

7.5 Counterparts; Electronic Signatures. This Deed may be executed in multiple counterparts, including by electronic signature, each of which shall be deemed an original, and all of which together constitute one instrument.

8. EXECUTION & NOTARIAL ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Grantor has executed this General Warranty Deed as of the Effective Date.

GRANTOR:
[GRANTOR NAME]
By: ____
Name: [_]
Title: []

[// GUIDANCE: If Grantor is an individual, delete entity signature blocks and insert individual acknowledgment.]

COLORADO NOTARIAL ACKNOWLEDGMENT

State of Colorado )
) ss.
County of [__] )

The foregoing instrument was acknowledged before me on _, 20_, by _____, as [title] of [Grantor Name], a [state] [entity type].

My commission expires: _______

Notary Public

(Seal)

9. EXHIBIT A – LEGAL DESCRIPTION

[Attach full metes-and-bounds or lot & block description; include parcel number.]

SCHEDULE 1 – PERMITTED ENCUMBRANCES

1. Real property taxes and assessments not yet due and payable.
2. Easements, rights-of-way, covenants, and restrictions of record as of the Effective Date.
3. [Add any additional permitted encumbrances.]

SCHEDULE 2 – CONDITIONS SUBSEQUENT (if any)

[Insert, or state “None.”]

COLORADO RECORDING CHECKLIST (non-exhaustive)

[// GUIDANCE: Provide this page to closing/title personnel.]

1. First page must contain a top margin of at least 1" (left-to-right) for the Recorder’s stamp.
2. Include “Return To” and “Send Tax Statements To” addresses on the first page.
3. Documentary fee ($0.01 per $100 of consideration exceeding $500) payable to the county Clerk & Recorder.
4. Include Grantee’s mailing address for property tax statements (required).
5. Original, legible legal description must be attached.
6. Deed must be signed and notarized with original (“wet”) signatures or acceptable e-signatures under Colorado’s Uniform Electronic Transactions Act.
7. Submit in recordable form (paper 8½" × 11", single-sided, font ≥ 10-point).

[// GUIDANCE: Final step—have local Colorado counsel or title company review for county-specific nuances (e.g., Aspen or Telluride municipal transfer taxes).]