GENERAL WARRANTY DEED
(Michigan – MCL § 565.201-compliant)
[// GUIDANCE: This template is intended for use by licensed Michigan real-estate counsel. All bracketed items MUST be completed, modified, or deleted before execution and recording.]
DOCUMENT METADATA (FOR FILING COVER SHEET – REMOVE BEFORE RECORDING)
- Governing Law: Michigan
- Forum Selection: Michigan state courts (quiet-title actions)
- Arbitration: Excluded
- Jury Waiver: Excluded
- Injunctive Relief: Quiet Title expressly preserved
- Indemnification: Through Warranty Covenants
- Liability Cap: Limited to Consideration Paid
TOP PAGE – RECORDING CAPTIONS
Prepared by:
[NAME OF DRAFTER, STATE BAR NO. (if applicable)]
[COMPANY/FIRM NAME]
[MAILING ADDRESS]
[PHONE / EMAIL]
After recording, return to:
[NAME / ENTITY]
[STREET ADDRESS]
[CITY, STATE ZIP]
Tax Parcel No.: [__]
Prior Instrument Reference: Liber [_], Page [], [County] County Records
Real Estate Transfer Tax Value: $[_____]
TABLE OF CONTENTS
- Definitions
- Grant and Conveyance
- Warranty Covenants
- Representations & Warranties of Grantor
- Covenants & Restrictions
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notarial Acknowledgment
1. DEFINITIONS
For purposes of this General Warranty Deed, the following terms have the meanings set forth below. Defined terms appear in initial capital letters throughout this instrument.
“Act” means the Michigan Recording Act, Mich. Comp. Laws § 565.201 et seq.
“Consideration” means the sum of [Insert Dollars] Dollars ($[_____]) in lawful United States currency and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor.
“Effective Date” means [Month ___, 20__].
“Grantor” means [Full legal name(s), entity type, jurisdiction, address].
“Grantee” means [Full legal name(s), entity type, jurisdiction, address].
“Property” means the real property situated in the County of [____], State of Michigan, legally described on Exhibit A attached hereto, together with all appurtenant rights, hereditaments, tenements, easements, improvements, and fixtures.
“Transfer Taxes” means all state and county real-estate transfer taxes imposed under Mich. Comp. Laws § 207.505 et seq. and § 207.521 et seq., respectively, and any municipal transfer or documentary stamp taxes.
“Warranty Covenants” has the meaning set forth in Section 3.1.
2. GRANT AND CONVEYANCE
2.1 Conveyance. For the Consideration and subject to the terms herein, Grantor hereby grants, conveys, bargains, sells, and warrants to Grantee, in fee simple absolute, the Property, together with all singular the hereditaments and appurtenances thereto belonging or in anywise appertaining, to have and to hold the same unto Grantee, Grantee’s heirs, successors, and assigns forever.
2.2 Conditions Precedent. Delivery of this Deed is conditioned upon (a) payment in full of the Consideration, and (b) compliance with all applicable Transfer Taxes and recording prerequisites under the Act.
2.3 Possession. Possession of the Property shall be delivered to Grantee on the Effective Date, free of all tenants or other occupants except as expressly set forth on Schedule 1 (if any).
3. WARRANTY COVENANTS
3.1 Scope. Grantor warrants, covenants, and agrees, for Grantor and Grantor’s heirs, successors, and assigns (“Warranty Covenants”), that:
a. Covenant of Seisin – Grantor is lawfully seized of the Property in fee simple.
b. Covenant of Right to Convey – Grantor has full right, power, and authority to convey the Property.
c. Covenant Against Encumbrances – The Property is free from all liens and encumbrances except those expressly set forth in Section 5.2.
d. Covenant of Quiet Enjoyment – Grantee and Grantee’s successors shall quietly enjoy the Property without lawful disturbance.
e. Covenant of Warranty – Grantor will warrant and defend title to the Property against the lawful claims of all persons whomsoever, subject only to Permitted Exceptions.
f. Covenant of Further Assurances – Grantor shall execute and deliver such further instruments as may be reasonably required to perfect title in Grantee.
3.2 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any Losses (defined below) arising from a breach of the Warranty Covenants, subject to the liability cap in Section 6.2.
4. REPRESENTATIONS & WARRANTIES OF GRANTOR
Grantor represents and warrants to Grantee as of the Effective Date that:
4.1 Authority. Grantor (and, if an entity, the undersigned Authorized Signatory) has full power and authority to execute and deliver this Deed.
4.2 No Litigation. To Grantor’s Actual Knowledge, no pending or threatened litigation or governmental action affects the Property.
4.3 Compliance. The execution, delivery, and performance of this Deed do not violate any agreement binding upon Grantor.
[// GUIDANCE: Consider attaching a disclosure schedule if any of the above representations require exceptions.]
4.4 Survival. The representations and warranties in this Article 4 shall survive delivery of the Deed for a period coterminous with the statute of limitations applicable to actions for breach of warranty in Michigan.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenant – Transfer Taxes. Grantor shall pay all Transfer Taxes due upon recording and shall affix the required tax stamps or provide the requisite Transfer Tax Valuation Affidavit.
5.2 Permitted Exceptions. The Property is conveyed subject to:
a. Real-property taxes not yet due and payable;
b. Conditions, restrictions, and easements of record as of the Effective Date;
c. Rights of way for public utilities serving the Property;
d. [ADD OR DELETE AS NECESSARY].
5.3 Notice of Claim and Cure. Grantee shall provide written notice to Grantor of any asserted breach of the Warranty Covenants and shall afford Grantor thirty (30) days to cure before commencing suit, except where immediate quiet-title relief is necessary to prevent irreparable harm.
6. RISK ALLOCATION
6.1 Definitions. “Losses” means any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from third-party claims regarding title to the Property.
6.2 Liability Cap. Grantor’s cumulative liability under this Deed shall not exceed the Consideration actually received by Grantor, except in cases of Grantor’s gross negligence or willful misconduct.
6.3 Disclaimers. Except as expressly set forth herein, Grantor makes no other representations or warranties, express or implied, with respect to the Property, including any implied warranty of habitability or fitness for a particular purpose, each of which is disclaimed to the fullest extent permitted by law.
6.4 Force Majeure. Neither party shall be liable for delays in performance caused by acts of God, governmental authority, or other events beyond such party’s reasonable control; provided, however, that payment obligations and delivery of possession shall not be excused.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Deed and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict-of-laws principles.
7.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts of the County in which the Property is located for any action, suit, or proceeding arising out of or relating to this Deed, including quiet-title actions.
7.3 Injunctive Relief. Nothing herein shall impair either party’s right to seek injunctive or other equitable relief, including an action to quiet title, to prevent or remedy an actual or threatened breach of this Deed.
[// GUIDANCE: Arbitration and jury waiver are expressly excluded by client instruction.]
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior agreements, representations, and understandings.
8.2 Amendment; Waiver. This Deed may be amended only by an instrument in writing, executed and acknowledged by the party against whom enforcement is sought. No waiver shall be effective unless in writing and signed by the waiving party.
8.3 Successors and Assigns. The covenants herein contained shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns.
8.4 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures.
9. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[LEGAL NAME OF GRANTOR]
By: ____
Name: [___]
Title (if entity): [____]
[Add additional signature blocks as necessary]
NOTARY ACKNOWLEDGMENT
(Michigan Statutory Form – MCL § 565.265)
State of Michigan )
County of [______] ) ss.
On this ___ day of __, 20, before me, ____, a Notary Public in and for said County, personally appeared ____, who acknowledged that (he/she/they) executed the foregoing instrument on behalf of ______ (if applicable) for the purposes therein contained.
Notary Public, State of Michigan
County of ____
My Commission Expires: _
Acting in the County of _
EXHIBIT A – LEGAL DESCRIPTION
[Insert full metes-and-bounds or platted description; include brief description, lot number, subdivision, and any reference to prior surveys.]
SCHEDULE 1 – OCCUPANCY/TENANCIES (If Applicable)
[List each tenant, lease term, and any security deposits. If none, insert “None.”]
[// GUIDANCE: Prior to recording, ensure (1) complete Michigan Real Estate Transfer Tax Valuation Affidavit (Form L-4260) or applicable transfer-tax exemption, (2) attach property tax payment confirmation if required by county, (3) confirm font size, margin, and paper specifications under county clerk standards, and (4) affix state ($3.75 per $500) and county ($0.55 per $500) transfer-tax stamps unless exempt.]