GENERAL WARRANTY DEED
(State of Maryland)
[Space Above Reserved for Clerk’s Recording Stamp]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
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Parties
1.1 Grantor: [GRANTOR LEGAL NAME], a [ENTITY TYPE / INDIVIDUAL] organized under the laws of [STATE] with a principal address at [ADDRESS] (“Grantor”).
1.2 Grantee: [GRANTEE LEGAL NAME], a [ENTITY TYPE / INDIVIDUAL] organized under the laws of [STATE] with a principal address at [ADDRESS] (“Grantee”). -
Effective Date
This Deed is made as of [MONTH] [DAY], [YEAR] (the “Effective Date”). -
Recitals
WHEREAS, Grantor is lawfully seized of an estate in fee simple in and to the real property described herein; and
WHEREAS, Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest in and to said real property with general warranty covenants, upon the terms and conditions set forth in this Deed.
II. DEFINITIONS
Unless otherwise indicated, capitalized terms have the meanings set forth below:
“Consideration” means the purchase price of US $[AMOUNT] paid by Grantee.
“Deed” means this General Warranty Deed, together with all exhibits, schedules, and acknowledgments.
“Encumbrance” means any lien, charge, claim, easement, covenant, condition, restriction, security interest, or other third-party right affecting title.
“Property” means the land described in Section III.1 together with all improvements, hereditaments, tenements, rights, easements, and appurtenances thereunto belonging.
“Recording Office” means the Clerk of the Circuit Court for [COUNTY], Maryland, or any successor governmental office authorized to accept recordation of deeds.
III. OPERATIVE PROVISIONS
- Grant
FOR AND IN CONSIDERATION of the sum of US $[AMOUNT] and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL, and CONVEY with GENERAL WARRANTY unto Grantee, in fee simple, all of Grantor’s right, title, and interest in and to the following (collectively, the “Property”):
• Legal Description:
[INSERT FULL, SURVEY-ACCURATE LEGAL DESCRIPTION]
• Street Address: [PROPERTY ADDRESS]
• Tax Map/Parcel No.: [MAP/BLOCK/PARCEL]
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Habendum
TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns, in fee simple forever. -
Consideration & Transfer Taxes
3.1 The Consideration for this conveyance is US $[AMOUNT].
3.2 All Maryland recordation and transfer taxes (state and county) attributable to this conveyance (collectively, the “Transfer and Recordation Taxes”) shall be paid by [PARTY RESPONSIBLE], unless exempt under applicable law.
[// GUIDANCE: For an owner-occupied principal residence, note potential ½% state transfer-tax rate reduction under Md. Code Ann., Tax-Prop. § 13-203(b).] -
Conditions Precedent
This Deed shall not be recorded until:
a. Payment of all Transfer and Recordation Taxes; and
b. Compliance with the intake sheet and any other recording prerequisites of the Recording Office. -
Mailing Address for Tax Bills
Following recordation, real property tax bills shall be sent to:
[GRANTEE MAILING ADDRESS (NO P.O. BOX IF RESIDENTIAL)].
IV. REPRESENTATIONS & WARRANTIES
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Grantor’s Representations
a. Grantor is the sole owner of the Property and has full power and lawful authority to convey title as provided herein.
b. The Property is free and clear of all Encumbrances except those of record disclosed on Exhibit A (Permitted Encumbrances).
c. Grantor has received no written notice of any pending condemnation, zoning, or similar governmental proceeding affecting the Property. -
Survival
The representations and warranties in this Section IV survive recordation of this Deed for a period of [____] years, subject to the liability cap set forth in Section VII.2.
V. COVENANTS & RESTRICTIONS
- Affirmative Covenants
a. Further Assurances – Grantor will, at Grantee’s reasonable request and expense, execute and deliver such additional instruments as may be reasonably necessary to perfect Grantee’s title. - Negative Covenants
a. Grantor shall not, after the Effective Date, create or permit any Encumbrance against the Property.
VI. DEFAULT & REMEDIES
- Grantor Default
Failure of Grantor to perform any covenant or a breach of any warranty constitutes a default. - Notice & Cure
Grantee shall provide written notice of default to Grantor, who shall have 30 days to cure. - Remedies
a. Specific performance,
b. Damages (subject to Section VII.2), and
c. Action to quiet title. - Attorney Fees
The prevailing party in any action to enforce this Deed is entitled to recover reasonable attorney fees and court costs.
VII. RISK ALLOCATION
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Indemnification (Warranty Covenants)
Grantor shall indemnify, defend, and hold harmless Grantee from all losses, claims, and expenses arising from any breach of Grantor’s covenants of title. -
Limitation of Liability
Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid. -
Insurance
Grantee is advised to obtain an Owner’s Policy of Title Insurance in at least the amount of the Consideration.
[// GUIDANCE: In Maryland, enhanced coverage (ALTA Homeowner’s) is available for many residential properties.] -
Force Majeure
Neither party is liable for delays in performance caused by acts of God or governmental action; provided, however, this does not excuse payment of Transfer and Recordation Taxes.
VIII. DISPUTE RESOLUTION
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Governing Law
This Deed is governed by and construed in accordance with the laws of the State of Maryland (without regard to conflict-of-law rules). -
Forum Selection
Exclusive jurisdiction and venue lie in the state courts located in [COUNTY], Maryland. -
Arbitration
The parties expressly exclude arbitration. -
Jury Waiver
Intentionally omitted. -
Injunctive Relief
Nothing herein limits the right of any party to seek injunctive or declaratory relief, including an action to quiet title.
IX. GENERAL PROVISIONS
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Entire Agreement
This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property. -
Amendment & Waiver
No amendment or waiver is effective unless in writing, executed by the party against whom enforcement is sought, and recorded where legally required. -
Successors & Assigns
This Deed binds and inures to the benefit of the parties and their respective successors and assigns. -
Severability
If any provision is held unenforceable, the remainder of this Deed shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to render it enforceable. -
Counterparts; Electronic Signatures
This Deed may be executed in counterparts and by electronic signature, each of which is deemed an original for all purposes.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
1. Signature Lines
GRANTOR:
[GRANTOR NAME]
[Title, if entity]
GRANTEE (acknowledging receipt only):
[GRANTEE NAME]
[Title, if entity]
2. Notary Acknowledgment (Maryland)
State of __ )
County of _______ ) ss:
I HEREBY CERTIFY that on this _ day of _, 20____, before me, the undersigned Notary Public, personally appeared [GRANTOR NAME], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
WITNESS my hand and Notarial seal.
Notary Public
My Commission Expires: _______
3. Instrument Preparation Certification
I HEREBY CERTIFY that this instrument was prepared by [NAME], an attorney admitted to practice in the State of Maryland, or by a party to this instrument.
(Md. Code Ann., Real Prop. § 3-104(f))
[NAME], [Maryland Bar No. __]
Address: ________
4. Return Address After Recording
Please return recorded Deed to:
[NAME / FIRM]
[ADDRESS]
[EMAIL / PHONE]
[// GUIDANCE:
1. Attach Exhibit A – “Permitted Encumbrances” if any easements, rights-of-way, or restrictions are expressly assumed by Grantee.
2. Confirm property description matches latest survey and title commitment.
3. Confirm payment of county transfer taxes; rates vary by county.
4. Verify intake sheet completion and submission with Deed.
5. For principal-residence transfers, complete applicable affidavits to obtain reduced 0.25% state transfer tax rate, if available.
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