GENERAL WARRANTY DEED

(State of Maine)

[// GUIDANCE: This template is intentionally drafted in an expansive, section-based format to comply with the user-requested “Document Architecture.” Maine warranty deeds are usually much shorter; feel free to delete any sections you determine are unnecessary once you customize the instrument for a specific transaction.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Granting Clause)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Acknowledgment

I. DOCUMENT HEADER

1. Prepared By: [NAME, Firm/Company, Mailing Address, Bar No. if applicable]
2. Return To: [RECIPIENT NAME & COMPLETE MAILING ADDRESS FOR RECORDED INSTRUMENT]
3. County Recording Data:
   a. County: [_]
   b. Municipality: [_]
   c. Map/Lot or Parcel ID: [__]
4. Effective Date: [MONTH DAY, YEAR]
5. Parties:
   • Grantor: [LEGAL NAME OF GRANTOR]
   • Grantee: [LEGAL NAME OF GRANTEE]
6. Consideration: [TEN AND 00/100 DOLLARS ($10.00) and other valuable consideration]
7. Jurisdiction: State of Maine

[// GUIDANCE: Maine recorders require a minimum 1-inch margin on the top right of the first page for the recording stamp, plus ¾-inch margins elsewhere. Leave sufficient blank space.]

II. DEFINITIONS

For purposes of this Deed, the following terms have the meanings set forth below. Any term not defined in this Section but used with initial capitalization has the meaning commonly ascribed to it in Maine real-property practice.

“Consideration” – The amount stated in Section I.6, receipt of which is acknowledged by Grantor.

“Grantee” – The party acquiring title to the Premises, together with such party’s heirs, successors, legal representatives, and assigns.

“Grantor” – The party conveying title to the Premises, together with such party’s heirs, successors, legal representatives, and assigns.

“Premises” – The real property described in Exhibit A, together with all buildings, improvements, easements, appurtenances, and hereditaments thereunto belonging.

“Warranty Covenants” – The covenants of (i) seisin, (ii) right to convey, (iii) against encumbrances, (iv) quiet enjoyment, and (v) further assurances, running with the land for the benefit of Grantee and Grantee’s successors.

III. OPERATIVE PROVISIONS (GRANTING CLAUSE)

1. Conveyance. For and in consideration of the Consideration, the sufficiency of which is hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with WARRANTY COVENANTS unto Grantee, in fee simple, the Premises more particularly described on Exhibit A attached hereto and incorporated herein.

2. Habendum. TO HAVE AND TO HOLD the Premises unto Grantee and Grantee’s heirs and assigns forever.

3. Transfer Tax Compliance. Pursuant to Maine’s Real Estate Transfer Tax law, the parties shall complete and file the required Real Estate Transfer Tax Declaration (“RETTD”) and shall remit any tax due in accordance with applicable regulations. The party or parties responsible for payment shall be as stated in Section VII.2.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Grantor represents that Grantor is legally competent (or duly organized, validly existing, and in good standing, as applicable) and has full power and authority to execute and deliver this Deed.

2. Title. Grantor further represents that Grantor is the sole owner of the Premises and holds marketable fee-simple title thereto.

3. Environmental Matters. Grantor makes no representation regarding environmental conditions except to the extent expressly provided in a separate written agreement, if any.

4. Survival. The representations and warranties in this Section IV survive delivery of this Deed and are independent of the Warranty Covenants.

V. COVENANTS & RESTRICTIONS

1. Warranty Covenants. Grantor covenants to Grantee that:
   a. Grantor is lawfully seized of the Premises in fee simple;
   b. Grantor has good right and lawful authority to convey the same;
   c. The Premises are free from all encumbrances except those stated in Exhibit B (“Permitted Encumbrances”);
   d. Grantee shall have quiet and peaceable possession of the Premises free from lawful claims; and
   e. Grantor will warrant and defend the title to the Premises against all lawful claims and demands.

2. Use Restrictions. The Premises shall remain subject to the Permitted Encumbrances and any municipal zoning ordinances and regulations.

3. Further Assurances. Grantor agrees to execute such further instruments as may reasonably be required to perfect or confirm title in Grantee.

VI. DEFAULT & REMEDIES

1. Breach of Warranty. A breach of any Warranty Covenant constitutes a default under this Deed.

2. Notice; Cure. Grantee shall deliver written notice of any alleged breach to Grantor at the address stated in Section I. Grantor shall have thirty (30) days after receipt of notice to cure or, if cure cannot reasonably be completed within that period, to commence and diligently pursue cure to completion.

3. Remedies. If the breach is not timely cured, Grantee may:
   a. Pursue an action for damages not exceeding the Consideration;
   b. Seek specific performance or reformation; and/or
   c. Initiate an action to quiet title or otherwise clear encumbrances.

4. Attorneys’ Fees. In any action arising out of this Deed, the prevailing party is entitled to reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

1. Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, or expense (including reasonable attorneys’ fees) arising from a breach of the Warranty Covenants, provided that Grantor’s aggregate liability under this Section VII.1 shall in no event exceed the Consideration.

2. Transfer Tax Liability. [SELECT ONE:]
   • ☐ Grantor shall pay 100 percent of the Maine Real Estate Transfer Tax.
   • ☐ Grantor and Grantee shall each pay 50 percent of the tax.
   • ☐ Other: [____].

3. Insurance. [Optional—If title insurance is being procured, insert appropriate language.]

4. Force Majeure. Neither party shall be liable for delays or failures caused by events beyond the party’s reasonable control; however, this provision does not excuse timely payment of any Transfer Tax due.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Maine, without regard to conflict-of-law principles.

2. Forum Selection. The parties consent to the exclusive jurisdiction of the Maine state courts sitting in the county where the Premises are located.

3. Arbitration. Arbitration is expressly excluded.

4. Jury Waiver. No jury waiver is included; the parties shall have the right to trial by jury where otherwise available.

5. Injunctive Relief. Nothing in this Section restricts either party from seeking injunctive or equitable relief, including quiet-title actions.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Deed represents the entire agreement between the parties with respect to the conveyance of the Premises and supersedes all prior agreements, whether written or oral.

2. Amendment; Waiver. No amendment or waiver of any provision of this Deed is effective unless in writing and signed by the party against whom enforcement is sought.

3. Severability. If any provision of this Deed is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

4. Successors and Assigns. The provisions of this Deed are binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.

5. Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK & ACKNOWLEDGMENT

[// GUIDANCE: Under current Maine law, acknowledgment before a notary public is sufficient for recording; witnesses are optional unless required by a title insurer or lender. Names must be printed or typed beneath signatures.]

1. Grantor Signature(s)

[GRANTOR NAME], Grantor
Mailing Address: [____]

Printed Name

Date: ___

2. Grantee Acknowledgment of Delivery (optional in Maine)

[GRANTEE NAME], Grantee
Mailing Address: [____]

Printed Name

Date: ___

3. Notary Acknowledgment

State of Maine
County of ____ ss.

On this _ day of __, 20_, before me, the undersigned Notary Public in and for said State, personally appeared ____, known to me (or proved to me through satisfactory evidence of identification) to be the person(s) whose name(s) is/are signed on the preceding or attached instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument, the person(s) executed the instrument.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public, State of Maine
Printed Name: ____
My Commission Expires: _______

4. Exhibits

Exhibit A – Legal Description of the Premises
Exhibit B – Permitted Encumbrances (if any)

[// GUIDANCE: Attach the full metes-and-bounds description or reference to recorded plat as Exhibit A. If there are no encumbrances, state “None.”]

[END OF DOCUMENT]