GENERAL WARRANTY DEED
State of Iowa
[// GUIDANCE: This template is deliberately drafted in a comprehensive “contract-style” format to give practitioners maximum flexibility. For a traditional short-form deed, omit the sections that are not required for recordation in the county where the property is located.]
PREPARATION & RETURN INFORMATION
Prepared by: [NAME] – [FIRM/COMPANY] – [MAILING ADDRESS]
Return to: [NAME OR “SEND TAX STATEMENT TO GRANTEE”] – [MAILING ADDRESS]
Tax Parcel No.: [#####]
Mail Future Property Tax Statements to: [GRANTEE NAME & ADDRESS]
TABLE OF CONTENTS
I. Parties and Preliminary Statements
II. Definitions
III. Grant and Conveyance
IV. Warranty Covenants; Indemnification
V. Allocation of Risk; Liability Cap
VI. Transfer Taxes; Recording Compliance
VII. Dispute Resolution
VIII. General Provisions
IX. Execution and Acknowledgment
I. PARTIES AND PRELIMINARY STATEMENTS
1.1 Grantor. [LEGAL NAME(S) OF GRANTOR(S)], [marital status], whose mailing address is [ADDRESS] (“Grantor”).
1.2 Grantee. [LEGAL NAME(S) OF GRANTEE(S)], [marital status], whose mailing address is [ADDRESS] (“Grantee”).
1.3 Effective Date. The “Effective Date” is the date on which this General Warranty Deed (“Deed”) is acknowledged by the last-signing Grantor (see § IX).
1.4 Consideration. In consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[FIGURE]) and other good and valuable consideration (collectively, “Consideration”), the receipt and sufficiency of which are acknowledged, Grantor conveys the Real Property (defined below) to Grantee.
[// GUIDANCE: Insert additional recital information—e.g., title company file number, prior instrument reference, marital consent, or homestead waiver—if required by the county recorder.]
II. DEFINITIONS
The following terms have the meanings set forth below and apply throughout this Deed (capitalized terms not defined below have their plain-English meaning in Iowa real-property practice).
“Declaration of Value” means the form prescribed by the Iowa Department of Revenue to report the Consideration or exemption under Iowa Code ch. 428A.
“Liability Cap” has the meaning given in § V.2.
“Real Property” means the estate in fee simple of the land located in the State of Iowa, legally described on Exhibit A, together with all appurtenances, hereditaments, improvements, rights, easements, and fixtures running with the land.
“Warranty Covenants” means the covenants of title in § IV.1.
III. GRANT AND CONVEYANCE
3.1 Grant. Grantor hereby grants, bargains, sells, conveys, and warrants to Grantee the Real Property, to have and to hold the same in fee simple forever, subject only to the Permitted Exceptions (defined below).
3.2 Permitted Exceptions.
a. General real-estate taxes not yet delinquent;
b. Easements, restrictions, and covenants of record that do not materially interfere with Grantee’s intended use;
c. [ADD ANY ADDITIONAL PERMITTED EXCEPTIONS].
3.3 After-Acquired Title. If Grantor hereafter acquires any right, title, or interest in the Real Property, such interest shall immediately vest in Grantee without further act of conveyance.
IV. WARRANTY COVENANTS; INDEMNIFICATION
4.1 Warranty Covenants. Grantor warrants to Grantee and Grantee’s successors and assigns that:
a. Seisin. Grantor is lawfully seised of an indefeasible estate in fee simple in the Real Property.
b. Right to Convey. Grantor has full right, power, and lawful authority to convey the Real Property.
c. Title Free of Encumbrances. The Real Property is free and clear of all liens and encumbrances except the Permitted Exceptions.
d. Quiet Enjoyment. Grantee shall quietly enjoy the Real Property without lawful interruption or challenge by Grantor or anyone claiming under Grantor.
e. Further Assurances. Grantor will execute and deliver such additional instruments as may be reasonably required to perfect Grantee’s title.
4.2 Indemnification. Grantor shall defend, indemnify, and hold harmless Grantee from any Losses (including reasonable attorneys’ fees) resulting from a breach of the Warranty Covenants, subject to the Liability Cap in § V.2.
[// GUIDANCE: The indemnification ties directly to traditional warranty-deed covenants; it is not a separate commercial indemnity.]
V. ALLOCATION OF RISK; LIABILITY CAP
5.1 Sole and Exclusive Remedy. Grantee’s sole and exclusive remedy for breach of any Warranty Covenant shall be (a) damages measured by the lesser of (i) the diminution in value of the Real Property caused by the breach or (ii) the Consideration, plus (b) ancillary costs recoverable under Iowa law in a quiet-title action.
5.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid (“Liability Cap”), except to the extent Grantor’s fraud or intentional misrepresentation is finally adjudicated.
VI. TRANSFER TAXES; RECORDING COMPLIANCE
6.1 Iowa Real Estate Transfer Tax. Pursuant to Iowa Code ch. 428A, Grantor shall pay the real estate transfer tax due upon recording, calculated at the statutory rate. The tax stamp amount shall be affixed by the County Recorder.
6.2 Declaration of Value / Exemption. A properly completed Declaration of Value (or exemption statement) shall accompany this Deed at the time of recording.
6.3 Recording Standards. This Deed is formatted to comply with Iowa Code ch. 558 and the Iowa Land Records Standard Document Formatting Guidelines, including:
a. Top margin of at least 3″ on page 1 for recording information;
b. Legible 10-point or larger font;
c. Instrument title prominently displayed;
d. Name, address, and telephone number of the preparer on the first page;
e. Grantee’s mailing address for future tax statements.
6.4 Sequential References. The County Recorder shall assign the official book, page, or instrument number upon recording; cross-references herein to “[Recording Data]” shall be updated accordingly.
VII. DISPUTE RESOLUTION
7.1 Governing Law. This Deed and any dispute arising out of it shall be governed by, and construed in accordance with, the laws of the State of Iowa, without regard to its conflict-of-laws principles.
7.2 Forum Selection. The parties consent to the exclusive jurisdiction of the Iowa state courts located in [COUNTY WHERE REAL PROPERTY IS LOCATED] County for any action, including an action to quiet title.
7.3 Arbitration & Jury Trial. Arbitration is expressly excluded, and the right to trial by jury is not waived.
7.4 Equitable Relief. Nothing herein limits either party’s right to seek specific performance, reformation, or quiet-title relief.
VIII. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior understandings.
8.2 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought.
8.3 Successors and Assigns. This Deed binds and benefits the parties and their respective heirs, personal representatives, successors, and assigns.
8.4 Severability. If any provision of this Deed is held unenforceable, the balance of the Deed shall remain in full force, the unenforceable provision being reformed to the minimum extent necessary.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is an original and all of which constitute one instrument. Signatures in electronic format (including PDF and verified electronic notarial acts) are deemed originals to the fullest extent permitted by Iowa Code ch. 554D and ch. 9B.
IX. EXECUTION AND ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[NAME], Grantor
[Add signature lines for additional Grantors as needed]
GRANTEE (for acknowledgment of receipt only – execution not required for validity under Iowa law):
[NAME], Grantee
NOTARIAL ACKNOWLEDGMENT
State of Iowa )
) ss.
County of ____ )
On this _ day of _, 20___, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared [NAME OF GRANTOR], to me known (or satisfactorily proven) to be the person(s) named in and who executed the foregoing instrument, and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
Notary Public in and for the State of Iowa
My commission expires: _______
[// GUIDANCE: For multiple Grantors, provide separate acknowledgment certificates or a combined certificate identifying each signer, per Iowa Code ch. 9B.]
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
[INSERT FULL METES-AND-BOUNDS DESCRIPTION OR LOT/BLOCK/SUBDIVISION DESCRIPTION EXACTLY AS IT APPEARS IN CURRENT TITLE COMMITMENT OR PRIOR DEED. VERIFY ACCURACY BEFORE RECORDING.]
[// GUIDANCE:
1. Homestead: If the Real Property constitutes a homestead under Iowa law, the non-titleholding spouse must also execute the Deed.
2. Entity Grantor: Insert corporate/LLC officer capacity (e.g., “John Doe, President,”) and attach a board or member resolution evidencing authority.
3. Foreign-Entity Affidavit: If the Grantor is a foreign (non-Iowa) entity, confirm certificate of authority and attach any required affidavits.
4. Agricultural Land: For >40 acres of agricultural land, confirm compliance with Iowa corporate farming restrictions (Iowa Code ch. 9H).
5. Lien Releases: Record all mortgage releases or subordinate lien satisfactions contemporaneously to avoid exception on title.]