IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. Use of this form does not create an attorney–client relationship. District of Columbia real-property practice involves highly technical requirements (including tax, title, and recording issues) that vary by transaction. Always consult a qualified D.C. real-estate attorney and verify the current statutes, regulations, and Recorder of Deeds practices before use.
GENERAL WARRANTY DEED
(District of Columbia)
[// GUIDANCE: Delete all bracketed guidance before final execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Conveyance Provisions
- Grantor’s Representations & Warranties
- Covenants Running with the Land
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution & Acknowledgment
- Statutory/Administrative Attachments
1. DOCUMENT HEADER
Prepared By: _____
Return To: ____
Mail Tax Statements To: ______
Recorder of Deeds – District of Columbia
Square __ Suffix _ Lot _
Property Address (if any): _________
Deed Date: [EFFECTIVE DATE]
THIS GENERAL WARRANTY DEED (this “Deed”) is made as of the Deed Date above, by and between:
A. [GRANTOR NAME], a [state & type of entity / individual], having an address at [GRANTOR ADDRESS] (“Grantor”); and
B. [GRANTEE NAME], a [state & type of entity / individual], having an address at [GRANTEE ADDRESS] (“Grantee”).
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 acknowledged, Grantor does hereby grant, bargain, sell, convey, and warrant unto Grantee, its heirs, successors, and assigns forever, all of Grantor’s right, title, and interest in and to the real property described in Exhibit A (the “Property”), together with all improvements, easements, rights, and appurtenances thereto, subject only to the Permitted Encumbrances identified herein.
2. DEFINITIONS
Capitalized terms have the meanings set forth below:
“Deed” means this General Warranty Deed.
“Grantor” and “Grantee” have the meanings given in the Document Header.
“Legal Description” means the metes-and-bounds or lot-and-square description set forth in Exhibit A.
“Permitted Encumbrances” means only those matters listed in Section 3.2.
“Property” has the meaning set forth in the Operative Conveyance.
[// GUIDANCE: Add additional defined terms as deal-specific.]
3. OPERATIVE CONVEYANCE PROVISIONS
3.1 Grant and Conveyance. Grantor conveys the Property to Grantee in fee simple absolute, together with (a) any buildings, structures, fixtures, and other improvements thereon, (b) all rights, hereditaments, and appurtenances, and (c) any after-acquired title, reversion, or remainder Grantor may obtain.
3.2 Permitted Encumbrances. The conveyance is made free and clear of all liens, claims, and encumbrances except:
(i) real-property taxes and assessments not yet due and payable;
(ii) easements, covenants, and restrictions of record as of the Deed Date that do not materially impair the current use of the Property;
(iii) zoning, building, and land-use regulations imposed by governmental authority; and
(iv) matters expressly listed on Exhibit B (if any).
3.3 Consideration; Transfer & Recordation Taxes.
(a) The consideration for this conveyance is the amount recited above.
(b) District of Columbia Deed Recordation Tax and Deed Transfer Tax (collectively, “DC Transfer Taxes”) shall be paid as required by applicable law. Unless otherwise agreed in writing, Grantor shall pay the Transfer Tax attributable to the first $[AMOUNT] of consideration, and Grantee shall pay the balance.
(c) The parties shall complete and file Form FP-7/C (or successor form) with the Recorder of Deeds contemporaneously with recording.
[// GUIDANCE: Allocate taxes per deal; DC statutes impose shared liability absent agreement.]
4. GRANTOR’S REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor is duly authorized to execute and deliver this Deed and to convey good and marketable fee simple title to the Property.
4.2 Title. Grantor owns the Property in fee simple absolute and has not previously conveyed or encumbered it except for Permitted Encumbrances.
4.3 No Litigation. To Grantor’s actual knowledge, no pending or threatened litigation or governmental action would materially adversely affect title to, or the current use of, the Property.
4.4 FIRPTA / Non-Foreign Status. Grantor is not a “foreign person” as defined in 26 U.S.C. § 1445(f)(3) and shall deliver a customary non-foreign affidavit at closing.
4.5 Survival. The representations and warranties in this Section 4 survive delivery of this Deed for a period of [____] years and shall inure to the benefit of Grantee and its successors and assigns.
5. COVENANTS RUNNING WITH THE LAND
Grantor hereby binds itself, its heirs, successors, and assigns, to warrant and defend the title to the Property unto Grantee and Grantee’s heirs, successors, and assigns against the lawful claims and demands of all persons whatsoever, and makes the following covenants, which shall run with the land:
5.1 Covenant of Seisin. Grantor covenants that it is seized of the Property in fee simple.
5.2 Covenant of Right to Convey. Grantor covenants that it has the right to convey the Property.
5.3 Covenant Against Encumbrances. Grantor covenants that the Property is free from encumbrances except the Permitted Encumbrances.
5.4 Covenant of Quiet Enjoyment. Grantor covenants that Grantee shall have quiet and peaceable possession of the Property.
5.5 Covenant of Warranty and Further Assurances. Grantor covenants to warrant and defend the title and, upon reasonable request, to execute such further instruments as may be necessary to confirm title in Grantee.
6. DEFAULT & REMEDIES
6.1 Breach of Warranty. If Grantor breaches any covenant in Section 5 during the Survival Period:
(a) Grantee shall provide written notice describing the breach with reasonable particularity;
(b) Grantor shall have thirty (30) days to cure; and
(c) If uncured, Grantee may pursue all remedies at law or in equity, including specific performance, damages, and quiet-title actions.
6.2 Limitations. Grantor’s aggregate liability for breach of warranty shall not exceed the consideration actually paid for the Property, plus reasonable attorney fees and costs incurred in enforcing this Deed.
7. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against all claims, losses, and liabilities arising out of Grantor’s breach of its covenants and warranties.
7.2 Limitation of Liability. Grantor’s liability under this Deed is capped at the amount of consideration paid (Section 6.2) and shall not extend to consequential or punitive damages, except to the extent arising from Grantor’s fraud or intentional misconduct.
7.3 Force Majeure. Neither party shall be liable for failure to perform any obligation (other than payment of money) where such failure is caused by events beyond its reasonable control, including acts of God, war, or governmental action.
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Governing Law. This Deed shall be governed by, and construed in accordance with, the laws of the District of Columbia, without regard to conflict-of-laws principles.
8.2 Forum Selection. The Superior Court of the District of Columbia (or, if subject-matter jurisdiction exists, the U.S. District Court for the District of Columbia) shall have exclusive jurisdiction over any action arising out of or relating to this Deed.
8.3 Arbitration & Jury Trial. Arbitration is expressly excluded. Each party waives any right to trial by jury to the extent such waiver is enforceable under D.C. law.
8.4 Injunctive Relief. Nothing herein limits either party’s right to seek equitable or injunctive relief, including an action to quiet title.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the conveyance of the Property and supersedes all prior representations or agreements.
9.2 Amendment. This Deed may be amended only by a writing executed by Grantor and Grantee and recorded among the Land Records of the District of Columbia.
9.3 Severability. If any provision is determined unenforceable, the remaining provisions shall remain in full force.
9.4 Successors & Assigns. All covenants and warranties herein bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Deed Date.
GRANTOR:
[Grantor Name]
Title (if entity): ____
[SEAL] [// GUIDANCE: Attach corporate seal if required.]
GRANTEE (for acceptance and acknowledgment of warranties):
[Grantee Name]
Title (if entity): ____
DISTRICT OF COLUMBIA ACKNOWLEDGMENT
[Notary Block – Individual]
District of Columbia, ss.:
On this _ day of _, 20_, before me, the undersigned Notary Public, personally appeared ____, 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 have hereunto set my hand and official seal.
Notary Public
My commission expires: ____
[// GUIDANCE: Use appropriate entity acknowledgment if Grantor/Grantee is not an individual. DC notarial law requires specific language; confirm current form at time of execution.]
11. STATUTORY/ADMINISTRATIVE ATTACHMENTS
• Exhibit A – Legal Description of the Property
• Exhibit B – Permitted Encumbrances (if any)
• Form FP-7/C – District of Columbia Real Property Recordation and Transfer Tax Form
• FIRPTA Non-Foreign Affidavit (executed at closing)
• (Optional) Seller’s Residency Certificate
[// GUIDANCE: Attach any required environmental disclosures, tenant estoppels, or other jurisdiction-specific forms.]
END OF DOCUMENT