GENERAL WARRANTY DEED
(State of Indiana)
[// GUIDANCE: This template is drafted to satisfy Indiana statutory requirements for the conveyance and recording of real property interests by general warranty deed. It is intentionally over-engineered for versatile use in commercial or high-value residential transactions. Practitioners may omit or streamline provisions not needed for routine residential closings.]
TABLE OF CONTENTS
- Definitions
- Conveyance & Grant of Estate
- Warranty Covenants & Indemnification
- Transfer Taxes, Sales Disclosure, & Recording Compliance
- Risk Allocation & Liability Cap
- Dispute Resolution, Governing Law, & Forum Selection
- Miscellaneous Provisions
- Execution & Notarial Acknowledgment
DOCUMENT HEADER
Prepared By: [NAME, Bar No., Firm, Address]
Return To: [RECORDER’S ADDRESS FOR RETURN]
Tax Mailing Address of Grantee: [STREET, CITY, STATE ZIP]
Parcel/Key Number(s): [PARCEL NO.]
Sales Disclosure Form No.: [FORM 46021 CONFIRMATION/CONTROL NO.]
THIS INDENTURE (“Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”)
BETWEEN:
-
[GRANTOR FULL LEGAL NAME], a [STATE] [ENTITY TYPE or “individual”], having an address at [ADDRESS] (“Grantor”); and
-
[GRANTEE FULL LEGAL NAME], a [STATE] [ENTITY TYPE or “individual”], having an address at [ADDRESS] (“Grantee”).
Consideration: Grantor, for and in consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby convey and warrant to Grantee the real property described below, together with all appurtenances, hereditaments, and improvements thereon (collectively, the “Property”).
1. DEFINITIONS
“Affiliate” means, with respect to a Person, any other Person that controls, is controlled by, or is under common control with such Person.
“Business Day” means any day other than Saturday, Sunday, or a legal holiday in the State of Indiana.
“Claims” means all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees).
“Person” means any natural person, partnership, corporation, limited liability company, association, trust, unincorporated organization, or governmental authority.
“Property” has the meaning set forth in the Document Header above and is legally described in Section 2.1.
2. CONVEYANCE & GRANT OF ESTATE
2.1 Legal Description.
[INSERT COMPLETE METES-AND-BOUNDS DESCRIPTION OR PLAT REFERENCE]
Commonly known as: [STREET ADDRESS OR “N/A”].
2.2 Estate Conveyed. Grantor conveys to Grantee fee simple absolute title to the Property, together with (a) all easements, rights, liberties, privileges, and appurtenances thereunto belonging or in any way appertaining, and (b) all right, title, and interest, if any, of Grantor in and to adjacent streets, alleys, and rights-of-way.
2.3 Habendum Clause. TO HAVE AND TO HOLD the Property unto Grantee and Grantee’s successors and assigns forever.
3. WARRANTY COVENANTS & INDEMNIFICATION
3.1 Full Warranty of Title. Grantor warrants that Grantor is lawfully seized of an indefeasible estate in fee simple in the Property and has full power and lawful authority to convey the same.
3.2 Covenant of Quiet Enjoyment. Grantor covenants that Grantee shall quietly enjoy and possess the Property without lawful disturbance by Grantor, Grantor’s heirs, successors, or assigns, or by any Person claiming through or under Grantor.
3.3 Freedom from Encumbrances. Grantor covenants that the Property is free and clear of all liens, encumbrances, and adverse claims except those matters set forth on Exhibit A attached hereto (the “Permitted Exceptions”).
3.4 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute and deliver such additional instruments as may be necessary to perfect Grantee’s title to the Property.
3.5 Indemnification Obligation. Grantor shall defend, indemnify, and hold harmless Grantee from and against all Claims arising from a breach of any covenant contained in this Section 3. Such indemnity is capped as provided in Section 5.1.
4. TRANSFER TAXES, SALES DISCLOSURE, & RECORDING COMPLIANCE
4.1 Indiana Sales Disclosure. The parties shall complete and submit Indiana Sales Disclosure Form 46021 (or successor form) contemporaneously with recording.
4.2 Transfer Taxes & Fees. Indiana currently imposes no state-level transfer tax. Grantor shall pay any county conveyance fees and the base recording fee; Grantee shall pay any additional recording surcharges. Parties may allocate fees differently by checking the box below:
☐ Grantor pays all recording costs
☐ Grantee pays all recording costs
☐ Costs split [DESCRIBE RATIO]
4.3 Form Requirements. This Deed (a) is in at least 10-point font, (b) contains the preparer statement, return-to address, and tax mailing address of Grantee on the first page, and (c) affords a 2-inch top margin on page one and 1-inch margins thereafter for recording compliance in Indiana.
[// GUIDANCE: Many Indiana recorders reject deeds that lack the preparer statement or adequate margins. Verify local checklist before submitting.]
5. RISK ALLOCATION & LIABILITY CAP
5.1 Liability Cap. Grantor’s aggregate liability under this Deed, including indemnity obligations, shall not exceed the consideration actually paid for the Property.
5.2 Survival. The covenants and indemnities in Sections 3 and 5 survive delivery of this Deed and run with the land in favor of Grantee and Grantee’s successors and assigns.
6. DISPUTE RESOLUTION, GOVERNING LAW, & FORUM SELECTION
6.1 Governing Law. This Deed and all disputes hereunder are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles.
6.2 Forum Selection. The parties submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in [COUNTY], Indiana for any action seeking (i) injunctive or declaratory relief, including actions to quiet title, or (ii) enforcement of the warranty covenants herein.
6.3 Arbitration & Jury Trial. Arbitration is expressly excluded, and each party irrevocably waives any right to a jury trial to the fullest extent permitted by applicable law.
7. MISCELLANEOUS PROVISIONS
7.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the conveyance of the Property and supersedes all prior understandings.
7.2 Amendments. No amendment or modification of this Deed is effective unless in a writing signed by both parties and recorded.
7.3 Successors & Assigns. This Deed binds and inures to the benefit of the parties and their respective heirs, successors, and assigns.
7.4 Severability. If any provision of this Deed is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted.
7.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by electronic means shall be deemed original for all purposes, subject to any recorder-specific original-signature requirements.
8. EXECUTION & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date first written above.
GRANTOR:
[GRANTOR NAME]
Title (if entity): [AUTHORIZED SIGNATORY]
[Seal, if applicable]
GRANTEE (Signature for Acceptance – optional but recommended):
[GRANTEE NAME]
Title (if entity): [AUTHORIZED SIGNATORY]
STATE OF INDIANA )
) SS:
COUNTY OF [__] )
On this __ day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared [GRANTOR NAME], who acknowledged the execution of the foregoing instrument for the purposes therein contained.
Witness my hand and Notarial seal.
Notary Public Signature
Printed Name: [NOTARY NAME]
My Commission Expires: ____
County of Residence: _______
[Affix Notary Seal]
EXHIBIT A
Permitted Exceptions
1. [EXISTING EASEMENTS OF RECORD]
2. [PROPERTY TAXES NOT YET DUE AND PAYABLE]
3. [OTHER MATTERS AGREED BY THE PARTIES]
[// GUIDANCE: Attach legal description as a separate exhibit if lengthy. Confirm that all exceptions match the title commitment Schedule B-II.]
END OF DOCUMENT