GENERAL WARRANTY DEED
(State of Florida)
[// GUIDANCE: This template is drafted for fee simple conveyances of Florida real property. It satisfies Fla. Stat. §§ 689.01, 695.26 & 201.02 and embeds optional risk-allocation language requested in the metadata. Replace every bracketed item before execution.]
I. DOCUMENT HEADER
-
Parties
1.1 Grantor: [LEGAL NAME OF GRANTOR], a [STATE] [ENTITY TYPE / “individual”], whose mailing address is [ADDRESS] (“Grantor”).
1.2 Grantee: [LEGAL NAME OF GRANTEE], a [STATE] [ENTITY TYPE / “individual”], whose mailing address is [ADDRESS] (“Grantee”). -
Effective Date
“Effective Date” means the date on which this Deed is executed by the last-signing Grantor, as evidenced in the Acknowledgment below. -
Consideration
In consideration of the sum of [US$_] and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor hereby conveys the Property (defined below) to Grantee. -
Jurisdiction & Governing Law
This Deed is governed by the real-property laws of the State of Florida, and any action to quiet title or otherwise enforce the covenants herein shall be brought exclusively in the courts of the State of Florida located in the county where the Property lies.
II. DEFINITIONS
“Ancillary Rights” – All easements, hereditaments, tenements, mineral, air, water, development, and other appurtenant rights belonging to or benefiting the Property.
“Property” – The real property located in [COUNTY] County, Florida, commonly known as [STREET ADDRESS/SHORT DESCRIPTION], together with the Ancillary Rights, and legally described on Exhibit A attached hereto.
“Recording Office” – The Office of the Clerk of the Circuit Court & Comptroller for the county where the Property is situated.
III. OPERATIVE PROVISIONS
3.1 Grant and Conveyance
Pursuant to Fla. Stat. § 689.01, Grantor grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto Grantee, in fee simple, the Property, subject only to:
a. real-property taxes and assessments for the year of conveyance and subsequent years,
b. zoning, land-use, and other governmental restrictions, and
c. those matters set forth on Schedule 1 (Permitted Exceptions), if any.
3.2 Habendum
To have and to hold the Property in fee simple forever, and Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever, subject to the Permitted Exceptions.
3.3 Documentary Stamp Tax
Pursuant to Fla. Stat. § 201.02, documentary stamp tax in the amount of $0.70 per $100.00 (or $0.60 per $100.00 if the Property is in Miami-Dade County and is not a single-family residence) of the consideration stated above must be affixed to this Deed at or before recording.
[// GUIDANCE: Complete the stamp block or attach Department of Revenue Form DR-229 as applicable.]
IV. REPRESENTATIONS & WARRANTIES OF GRANTOR
4.1 Seisin – Grantor is lawfully seized of the Property in fee simple.
4.2 Right to Convey – Grantor has full right and lawful authority to convey the Property.
4.3 No Encumbrances – The Property is free from all liens and encumbrances other than the Permitted Exceptions.
4.4 Quiet Enjoyment – Grantee shall quietly enjoy the Property without lawful disturbance.
4.5 Further Assurances – Grantor shall execute such further instruments as may be reasonably necessary to perfect title in Grantee.
All covenants herein shall run with the land and bind Grantor, Grantor’s heirs, successors, and assigns, and shall survive delivery of this Deed.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenant – Further Conveyances
Grantor shall, upon reasonable request and without further consideration, execute and deliver corrective conveyances or quit-claim deeds to cure clerical errors discovered post-closing.
5.2 Negative Covenant – No Post-Closing Encumbrances
Grantor shall not encumber the Property after the Effective Date.
VI. DEFAULT & REMEDIES
6.1 Breach of Warranty
A breach of any warranty in Article IV constitutes an event of default by Grantor.
6.2 Notice and Cure
Grantee must provide Grantor written notice of any alleged breach and a 30-day cure period before instituting suit, unless earlier action is required to prevent irreparable harm.
6.3 Remedies
a. Money damages up to the Liability Cap (Section VII).
b. Specific performance or reformation as a court of competent jurisdiction may order.
c. Injunctive relief, including an action to quiet title.
6.4 Attorneys’ Fees
The prevailing party in any action arising out of or relating to this Deed shall recover its reasonable attorneys’ fees and costs, including on appeal.
VII. RISK ALLOCATION
7.1 Indemnification
Grantor shall indemnify and hold harmless Grantee from all losses, costs, damages, and expenses (including reasonable attorneys’ fees) arising out of any breach of the warranties set forth in Article IV.
7.2 Limitation of Liability (Liability Cap)
Notwithstanding anything herein to the contrary, Grantor’s aggregate liability under this Deed—whether for breach of warranty, indemnity, or otherwise—shall not exceed the total consideration actually paid by Grantee to Grantor for the conveyance of the Property. The parties acknowledge that this limitation was negotiated and forms an essential basis of the bargain.
7.3 Force Majeure
Grantor shall not be liable for failure to perform any obligation hereunder to the extent such failure is caused by an act of God, war, terrorism, or other event of force majeure occurring after the Effective Date.
VIII. DISPUTE RESOLUTION
8.1 Governing Law – Florida law, without regard to conflict-of-laws principles.
8.2 Forum Selection – Exclusive jurisdiction and venue shall lie in the state courts of the county where the Property is located.
8.3 Arbitration & Jury Trial – Expressly excluded.
IX. GENERAL PROVISIONS
9.1 Entire Agreement – This Deed embodies the entire agreement between the parties as to the subject matter hereof and supersedes any prior written or oral agreements.
9.2 Amendment & Waiver – No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought and recorded, if required by law.
9.3 Severability – If any provision is held unenforceable, the remainder shall remain in full force.
9.4 Successors & Assigns – This Deed binds and inures to the benefit of the parties and their respective heirs, successors, and assigns.
9.5 Counterparts – This Deed may be executed in counterparts, each of which is deemed an original.
9.6 Electronic Signatures – Signatures transmitted by electronic means and notarized in compliance with Fla. Stat. § 117.201 et seq. (remote online notarization) are deemed originals for all purposes.
X. EXECUTION & ATTESTATION
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
1. GRANTOR
[NAME & TITLE]
Date: ____
Witnesses (each must sign):
1. _____ Print Name: ___
2. ___ Print Name: _____
2. GRANTEE (ACKNOWLEDGMENT OF RECEIPT ONLY – optional)
[NAME & TITLE]
Date: ____
NOTARY ACKNOWLEDGMENT
State of Florida
County of [____]
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this ___ day of _, 20_, by [NAME OF GRANTOR], who is ☐ personally known to me or ☐ produced ______ as identification.
Notary Public, State of Florida
Name: _____
Commission No.: ___
My Commission Expires: ____
[SEAL]
EXHIBIT A – LEGAL DESCRIPTION
[Insert complete metes-and-bounds or plat description; include Parcel ID.]
SCHEDULE 1 – PERMITTED EXCEPTIONS (if any)
[Describe or state “None.”]
[// GUIDANCE:
1. Verify correct names, marital status, and homestead issues under Fla. Const. art. X, § 4 and Fla. Stat. § 689.02 for spousal joinder.
2. Confirm two subscribing witnesses per Grantor signature (§ 689.01).
3. Ensure the deed’s first page contains the names and mailing addresses of Grantor and Grantee and the preparer’s name and address, per § 695.26(1)(d).
4. Add the property appraiser’s parcel ID and “return-to” address block in upper-left corner to expedite recording.
5. Compute and affix documentary stamp tax before recording. Unpaid tax renders the deed unrecordable (§ 201.08) and may impose penalties.
6. Record the deed promptly to preserve priority (§ 695.01).]