GENERAL WARRANTY DEED
(State of Idaho)
[// GUIDANCE: This template is intentionally drafted in a contract-style, section-based format to facilitate attorney customization, risk allocation, and integration with ancillary transactional documents (e.g., purchase & sale agreements). If a shorter statutory form is desired, eliminate Sections II–IX and retain the Granting Clause, Warranty Covenants, and Execution Blocks in conformance with Idaho Code § 55-612.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Notarial Acknowledgment (Idaho Short Form)
- Exhibit A – Legal Description of Property
1. DOCUMENT HEADER
Recording Cover Sheet
After Recording Return To:
[NAME]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[EMAIL/PHONE]
Recorder’s Use Only – Do Not Write Above This Line
Doc. No.: _ | Instrument Type: Warranty Deed | Fee: $_ | Pages: ___
Parties
This General Warranty Deed (“Deed”) is made as of [EFFECTIVE DATE] (“Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [STATE & TYPE OF ENTITY / individual] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [STATE & TYPE OF ENTITY / individual] (“Grantee”).
Grantor and Grantee are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Recitals
A. Grantor is lawfully seized and possessed of fee simple title to the real property described in Exhibit A attached hereto and made a part hereof (the “Property”).
B. Grantee has paid the sum of [CONSIDERATION IN WORDS] Dollars (US $[NUMERICAL]) and other good and valuable consideration (collectively, the “Consideration”) for the conveyance of the Property.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, and the mutual covenants set forth below, Grantor does hereby convey and warrant the Property to Grantee upon the following terms and conditions.
2. DEFINITIONS
For purposes of this Deed:
“Claim” means any claim, demand, cause of action, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees).
“County Recorder” means the office of the recorder for the county in Idaho where the Property is located.
“Effective Date” has the meaning given in the Document Header.
“Encumbrance” means any covenant, condition, restriction, lien, option, right of first refusal, easement, lease, security interest, or other limitation or burden on title.
“Property” has the meaning given in Recital A and further described in Exhibit A.
“Warranty Covenants” means the statutory covenants of seisin, right to convey, marketable title, quiet enjoyment, freedom from encumbrances, and further assurances, as set forth under Idaho law.
3. OPERATIVE PROVISIONS
3.1 Granting Clause. Grantor does hereby convey and warrant unto Grantee, in fee simple, all of Grantor’s right, title, and interest in and to the Property, together with all appurtenances, hereditaments, and improvements thereon, to have and to hold the same unto Grantee and Grantee’s heirs, successors, and assigns forever.
3.2 Consideration. Receipt of the Consideration is hereby acknowledged by Grantor.
3.3 Conditions Precedent. The effectiveness of this Deed is conditioned upon (a) delivery to the County Recorder for recording, and (b) clearance of any documentary errors identified by the Recorder.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor represents and warrants that it has full right, power, and authority to execute and deliver this Deed and to convey the Property.
4.2 Absence of Conflicts. The execution and delivery of this Deed do not violate any agreement to which Grantor is bound.
4.3 Title. Grantor is seized of an indefeasible estate in fee simple and holds marketable title to the Property free and clear of all Encumbrances, except those set forth in Section 5.2.
4.4 Survival. The representations and warranties in this Section survive delivery and recording of this Deed.
5. COVENANTS & RESTRICTIONS
5.1 Warranty Covenants. Grantor binds itself and its successors to warrant and defend the title to the Property against all lawful claims whatsoever (“Warranty Covenants”).
5.2 Permitted Encumbrances. The Warranty Covenants are made subject to the following, which are hereby approved by Grantee:
(a) Taxes and assessments not yet due and payable;
(b) Easements, covenants, and restrictions of record as of the Effective Date; and
(c) [ADDITIONAL PERMITTED ENCUMBRANCES].
5.3 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute such additional instruments as may be necessary to perfect or confirm title in Grantee.
6. DEFAULT & REMEDIES
6.1 Breach. A breach of the Warranty Covenants constitutes a default under this Deed.
6.2 Notice & Cure. Grantee shall provide written notice of any alleged breach, and Grantor shall have 30 days to cure or commence cure.
6.3 Remedies. If the breach is not timely cured, Grantee may pursue (a) specific performance, (b) damages capped as provided in Section 7.2, and/or (c) an action to quiet title.
6.4 Attorneys’ Fees. The prevailing party in any action arising under this Deed is entitled to recover reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from any Claim resulting from a breach of the Warranty Covenants.
7.2 Limitation of Liability. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid.
7.3 Waiver of Consequential Damages. Neither Party shall be liable for consequential, incidental, or punitive damages.
7.4 Force Majeure. Neither Party shall be liable for delays or failures caused by events beyond its reasonable control, excluding payment obligations.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the laws of the State of Idaho without regard to conflict-of-laws principles.
8.2 Forum Selection. The state courts of the county where the Property is located shall have exclusive jurisdiction over any action arising under this Deed.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. No jury waiver is provided.
8.5 Injunctive Relief. Nothing herein limits Grantee’s right to seek injunctive or equitable relief, including an action to quiet title.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment must be in writing, executed with the same formalities as this Deed, and recorded.
9.2 Assignment. Grantee may assign its rights under this Deed without Grantor’s consent; any assignee is bound by the terms herein.
9.3 Successors & Assigns. This Deed binds and benefits the Parties and their respective heirs, successors, and assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions remain in full force.
9.5 Entire Agreement. This Deed constitutes the entire agreement between the Parties regarding the conveyance of the Property.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts and by electronic signatures, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this General Warranty Deed as of the Effective Date.
| GRANTOR | GRANTEE |
|---|---|
| _________ | _________ |
| Name: [PRINT] | Name: [PRINT] |
| Title (if entity): ____ | Title (if entity): ____ |
| Date: ______ | Date: ______ |
11. NOTARIAL ACKNOWLEDGMENT (SHORT FORM – IDAHO)
State of Idaho )
: ss. )
County of ______ )
On this _ day of _, 20__, before me, [NOTARY NAME], a Notary Public in and for said State, personally appeared [GRANTOR NAME], known or identified to me (or whose identity was proven to me on the basis of satisfactory evidence), and acknowledged to me that he/she/they executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public for the State of Idaho
Residing at: ___
My Commission Expires: ____
[// GUIDANCE: Idaho Code § 55-712 requires an acknowledgment for recordation. Ensure the notarial block conforms to current notary requirements (commission number, stamp size, etc.).]
12. EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
[INSERT FULL METES-AND-BOUNDS OR PLATTED LEGAL DESCRIPTION, TAX PARCEL NUMBER, AND COMMON ADDRESS.]
STATE-SPECIFIC RECORDING & TAX NOTES (Idaho)
-
Recording Requirements
• Conveyance must be in writing and acknowledged (Idaho Code §§ 55-601, -712).
• Include full legal description and, where applicable, the street address or tax parcel number.
• Provide a return-mailing address on the cover sheet.
• Pay statutory recording fees (no statewide real estate transfer tax). -
Transfer Taxes
• Idaho imposes no documentary transfer tax; however, county recording fees apply. Verify the current fee schedule with the applicable County Recorder. -
Acknowledgment Forms
• The short-form acknowledgment above satisfies Idaho statutory form requirements. If the Grantor is an entity, modify the acknowledgment accordingly.
[// GUIDANCE: Always confirm county-level formatting (margins, font size, document title placement) before submission. Some counties reject deeds that deviate from local conventions.]
© [YEAR] [LAW FIRM NAME]. All rights reserved.