GENERAL WARRANTY DEED

(State of Georgia)

[// GUIDANCE: This template is drafted to comply with Georgia real-property conveyancing requirements, including execution formalities under O.C.G.A. § 44-2-21 and transfer-tax disclosures under O.C.G.A. § 48-6-1 et seq. All bracketed items must be completed or revised prior to execution and recordation.]

I. DOCUMENT HEADER

Prepared By:
[NAME OF PREPARER], [GA BAR NO.]
[STREET ADDRESS]
[CITY, STATE ZIP]

After Recording, Return To:
[RECIPIENT NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]

County: [_] County, Georgia
Tax Parcel/Map & Lot No.: [__]
Property Address (if any): [__________]

Real Estate Transfer Tax Paid: $[_]
(Computed pursuant to O.C.G.A. § 48-6-72 on stated consideration of $[_])

Effective Date (“Effective Date”): [MONTH , 20]

II. DEFINITIONS

For purposes of this Deed (this “Instrument”):

1. “Grantor” means [FULL LEGAL NAME OF GRANTOR], a [STATE] [ENTITY TYPE/“individual”], whose address is [____].
2. “Grantee” means [FULL LEGAL NAME OF GRANTEE], a [STATE] [ENTITY TYPE/“individual”], whose address is [____], including Grantee’s successors and assigns.
3. “Property” means the real property situated in the State of Georgia, as legally described in Exhibit A attached hereto and incorporated herein by this reference, together with all improvements, easements, appurtenances, and hereditaments thereto.
4. “Permitted Encumbrances” means only those matters, if any, expressly listed in Exhibit B.

[// GUIDANCE: Add or delete defined terms to match the transaction. Cross-reference consistently throughout the document.]

III. OPERATIVE CONVEYANCE

1. Grant. For the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, sells, conveys, alienates, and warrants the Property to Grantee in fee simple, together with all rights, members, and appurtenances thereto, to have and to hold the same forever.
2. Subject to. The conveyance is made subject only to the Permitted Encumbrances.

IV. REPRESENTATIONS & WARRANTIES

Grantor represents and warrants to Grantee that, as of the Effective Date and continuing thereafter:

1. Title; Authority. Grantor is lawfully seized of a good and marketable fee-simple title to the Property and has full power and lawful authority to convey the same.
2. Freedom from Liens. The Property is free from all liens, claims, and encumbrances other than the Permitted Encumbrances.
3. No Prior Conveyances. Grantor has not previously conveyed the Property, nor any interest therein, to any party other than Grantee.
4. Environmental Matters. To Grantor’s Actual Knowledge, no notice of violation of environmental law affecting the Property has been received and remains uncured.

The foregoing representations shall survive delivery of this Instrument and recordation.

V. COVENANTS & RESTRICTIONS (General Warranty Covenants)

Grantor, for Grantor and Grantor’s heirs, successors, and assigns, covenants and agrees with Grantee and Grantee’s heirs, successors, and assigns that:

1. Covenant of Seisin. Grantor is seized of an indefeasible estate in fee simple.
2. Covenant of Right to Convey. Grantor has good right and full power to convey the Property.
3. Covenant Against Encumbrances. The Property is free from encumbrances except Permitted Encumbrances.
4. Covenant of Quiet Enjoyment. Grantee shall quietly enjoy the Property without lawful disturbance.
5. Covenant of Warranty Forever. Grantor will warrant and forever defend the title to the Property against the lawful claims of all persons whatsoever.
6. Further Assurances. Grantor will, at Grantee’s reasonable request and expense, execute such further instruments as may be necessary to perfect title in Grantee.

VI. DEFAULT & REMEDIES

1. Breach. A breach of any warranty or covenant herein shall constitute a default.
2. Remedies. Upon breach, Grantee may pursue any combination of the following:
   a. Suit for damages not to exceed the consideration actually paid for the Property, plus statutory interest;
   b. Action for specific performance or reformation;
   c. Quiet-title or other injunctive relief.
3. Notice & Cure. Grantee shall provide written notice describing the breach. Grantor shall have thirty (30) days after receipt to cure before Grantee may seek judicial relief, except that immediate injunctive relief may be sought to prevent irreparable harm.

[// GUIDANCE: Georgia law recognizes breach-of-warranty actions; parties may contractually limit liability to consideration paid.]

VII. RISK ALLOCATION

1. Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, or expense (including reasonable attorneys’ fees) resulting from a breach of Grantor’s warranties (collectively, a “Covered Claim”).
2. Liability Cap. Grantor’s aggregate liability for all Covered Claims shall not exceed the total consideration paid for the Property.
3. No Consequential Damages. Except as required by law, neither party shall be liable for special, punitive, or consequential damages arising out of this Instrument.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Instrument shall be governed by, and construed in accordance with, the laws of the State of Georgia.
2. Forum Selection. Any action arising out of or relating to this Instrument shall be instituted solely in the state courts located in [____] County, Georgia, and each party irrevocably submits to such jurisdiction.
3. Arbitration. The parties expressly exclude arbitration for any dispute hereunder.
4. Jury Waiver. (Intentionally Omitted)
5. Injunctive Relief. Nothing herein shall restrict a party from seeking quiet-title or other injunctive relief in accordance with Georgia law.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Instrument constitutes the entire agreement between the parties with respect to the conveyance of the Property and merges all prior discussions and writings.
2. Amendments. Any amendment must be in writing and executed with the same formalities as this Instrument.
3. Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect.
4. Successors and Assigns. All covenants herein shall bind and benefit the respective heirs, successors, and assigns of the parties.
5. Counterparts; Electronic Signatures. This Instrument may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means shall be effective to bind the signing party.

X. EXECUTION BLOCK

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

Grantor:

[NAME OF GRANTOR]
[Title, if entity]

(Seal)

Signed, sealed, and delivered in the presence of:

Witness #1: _____
Print Name: _______

[Official Witness/Notary]
Witness #2 / Notary Public: _____
Print Name: ____
My Commission Expires: _______

[NOTARIAL CERTIFICATE – GEORGIA]
State of Georgia )
County of [____] )

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [NAME OF GRANTOR], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that (he/she/they) executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public
[Seal]

EXHIBIT A – Legal Description of Property

[Attach or insert metes-and-bounds, lot, block, subdivision plat reference, or other legally sufficient description.]

EXHIBIT B – Permitted Encumbrances

[If none, insert “None.” Otherwise list easements, covenants, taxes not yet due, etc.]

[// GUIDANCE: Prior to recordation, (i) verify that transfer-tax has been properly calculated and affixed; (ii) attach appropriate Georgia PT-61 form; (iii) confirm two witnesses (one may be the notary) sign; (iv) confirm deed font size ≥ 10-point and 3-inch top margin on first page for clerk indexing; and (v) include return address on first page as required by county clerk.]