GENERAL WARRANTY DEED
(State of Hawaiʻi)
[// GUIDANCE: This template is drafted to satisfy Hawaiʻi statutory requirements for both the Regular System (HRS Ch. 502) and the Land Court (Torrens) System (HRS Ch. 501). Bracketed text must be completed or deleted prior to execution/recording. All margins, font size, and page layout should comply with current Bureau of Conveyances rules (presently 8½" × 11", 1" margins).]
Return by Mail to:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]
Prepared by:
[NAME / FIRM]
[ADDRESS]
[PHONE]
Tax Map Key (TMK) No(s). _
Land Court Certificate of Title No. _ [// GUIDANCE: Omit if recording in Regular System]
TABLE OF CONTENTS
- Definitions
- Grant and Conveyance
- Consideration
- Covenants of Title
- Risk Allocation
- Dispute Resolution & Governing Law
- Miscellaneous
- Execution Block
- Notarial Acknowledgment (Hawaiʻi Form)
1. DEFINITIONS
For purposes of this Deed, capitalized terms have the meanings set forth below:
“Deed” means this General Warranty Deed dated the Effective Date.
“Effective Date” means __, 20.
“Grantor” means [GRANTOR FULL LEGAL NAME], [marital status / entity type], whose mailing address is [ADDRESS].
“Grantee” means [GRANTEE FULL LEGAL NAME], [marital status / entity type], whose mailing address is [ADDRESS].
“Property” means the real property located at [STREET ADDRESS, CITY, ISLAND, STATE OF HAWAIʻI ZIP], more particularly described in Exhibit A attached hereto and incorporated herein by reference, together with all rights, easements, and appurtenances thereto (collectively, the “Premises”).
“Purchase Price” means [CONSIDERATION—ALPHABETICAL] Dollars (US $[NUMERICAL]).
[// GUIDANCE: Add additional defined terms as necessary for complex conveyances, e.g., “Land Court System,” “Regular System,” “Encumbrances,” etc.]
2. GRANT AND CONVEYANCE
2.1 Grant. For the consideration described in Section 3 and subject to the terms and limitations herein, Grantor hereby conveys, grants, bargains, sells, and warrants unto Grantee, in [SELECT ONE: fee simple / leasehold] estate, the Property, [SELECT ONE: “through the Land Court System of the State of Hawaiʻi” / “through the Regular System of the State of Hawaiʻi”], free and clear of all Encumbrances except the Permitted Exceptions set forth on Exhibit B.
2.2 Habendum. To have and to hold the Property unto Grantee and Grantee’s heirs, successors, and assigns forever.
3. CONSIDERATION
In consideration of the conveyance, Grantee has paid to Grantor the Purchase Price, the receipt and sufficiency of which are hereby acknowledged. The parties shall file the applicable Conveyance Tax Certificate (Form P64A/P64B) and remit conveyance tax in accordance with Hawaiʻi Revised Statutes (“HRS”) Chapter 247 at or prior to recording.
4. COVENANTS OF TITLE
Grantor, for Grantor and Grantor’s heirs, personal representatives, successors, and assigns, hereby covenants and warrants to and with Grantee that:
a. Seisin – Grantor is lawfully seized of the Property in fee simple and has good right to convey the same.
b. Right to Convey – Grantor has full power and lawful authority to grant and convey the Property to Grantee.
c. Against Encumbrances – The Property is free and clear of all liens, claims, restrictions, and encumbrances except the Permitted Exceptions.
d. Quiet Enjoyment – Grantee and Grantee’s successors and assigns shall quietly enjoy the Property without lawful disturbance by Grantor or any person claiming by, through, or under Grantor.
e. Warranty Forever – Grantor will defend the title to the Property against the claims of all persons claiming by, through, or under Grantor, forever.
The foregoing covenants shall run with the land and bind Grantor and Grantor’s successors and assigns.
5. RISK ALLOCATION
5.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any loss, cost, damage, or expense (including reasonable attorneys’ fees) arising out of a breach of the warranties set forth in Section 4.
5.2 Liability Cap. Any monetary liability of Grantor under this Deed shall not exceed the Purchase Price actually received by Grantor.
5.3 “As-Is” Condition. Except for the express covenants in Section 4, Grantor disclaims all other warranties, express or implied, including any as to environmental condition or fitness, and Grantee accepts the Property “AS IS, WHERE IS, WITH ALL FAULTS.”
5.4 Force Majeure. Grantor shall not be liable for failure to perform obligations under this Deed to the extent such failure is caused by events beyond Grantor’s reasonable control, including natural disasters, acts of God, or governmental actions.
6. DISPUTE RESOLUTION & GOVERNING LAW
6.1 Governing Law. This Deed shall be governed by and construed in accordance with the real estate laws of the State of Hawaiʻi.
6.2 Forum Selection. Any action arising out of or relating to this Deed shall be brought exclusively in a state court of competent jurisdiction located in the State of Hawaiʻi.
6.3 Injunctive Relief—Quiet Title. Nothing herein shall prevent either party from seeking injunctive or equitable relief, including an action to quiet title, in accordance with applicable law.
6.4 Arbitration; Jury Trial. The parties expressly exclude arbitration and do not waive the right to a jury trial.
7. MISCELLANEOUS
7.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements or understandings.
7.2 Amendments. No amendment or modification of this Deed shall be effective unless in writing and duly executed by the parties.
7.3 Successors and Assigns. This Deed shall bind and benefit the parties and their respective heirs, successors, and assigns.
7.4 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (including PDF and secure electronic signature platforms compliant with HRS Ch. 489E) shall be deemed originals.
8. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
[Title, if entity]
Date: _______
GRANTEE:
[GRANTEE NAME]
[Title, if entity]
Date: _______
[// GUIDANCE: Add additional signature blocks if more than one Grantor/Grantee. For entities, include an officer/manager attestation and entity authorization statement.]
9. NOTARIAL ACKNOWLEDGMENT (Hawaiʻi – Individual)
State of Hawaiʻi )
City and County of ____ ) ss.
On this ___ day of ____, 20__, before me personally appeared [NAME OF SIGNATORY], to me known (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed.
Notary Public, State of Hawaiʻi
Printed Name: ___
My commission expires: _______
Notary Stamp/Seal
[// GUIDANCE: For entity Grantor/Grantee, substitute the statutory “corporate” or “LLC” acknowledgment form. Ensure notary certificate language complies with HRS §456-3 and current AG guidelines.]
EXHIBIT A
Legal Description of Property
[INSERT METES AND BOUNDS OR LOT DESCRIPTION, INCLUDING REFERENCE TO MAPS, SURVEYS, AND SUBDIVISION DOCUMENTS. IDENTIFY WHETHER LAND COURT LOT OR REGULAR SYSTEM LOT.]
EXHIBIT B
Permitted Exceptions
- Real property taxes not yet due or payable.
- [Easements, CC&Rs, restrictive covenants of record, etc.]
-
[// GUIDANCE: Prior to recording, verify:
• Accurate TMK and legal description.
• Completed conveyance tax certificate and payment (HRS Ch. 247).
• Applicable Land Court documents (including Certificate of Title updates).
• Proper execution authority (resolutions, certificates of incumbency).
• Any FIRPTA/HARPTA withholding obligations.
• Document number and bar code placement per Bureau of Conveyances specs.]