GENERAL WARRANTY DEED
(Minnesota – With State-Specific Recording, Acknowledgment & Deed-Tax Provisions)
[// GUIDANCE: 1. This template tracks Minnesota Stat. §§ 507.07 (form of warranty deed), 287.21-287.241 (deed tax), and 103I.235 (well disclosure).
2. Bracketed items MUST be completed before execution.
3. Verify current county-level recording surcharge amounts and margin requirements (typically a 3" x 3" blank space at upper-right of first page) before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Conveyance
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Statutory Acknowledgment
I. DOCUMENT HEADER
Prepared By and After Recording Return To:
[NAME OF DRAFTER]
[ADDRESS]
[PHONE / EMAIL]
Property Tax Statements To:
[GRANTEE NAME(S)]
[MAILING ADDRESS]
Document Title: GENERAL WARRANTY DEED
Effective Date: [MONTH/DAY/YEAR]
County & State: [______] County, Minnesota
Consideration: $[AMOUNT] (“Consideration”)
Minnesota Deed Tax Paid: $[AMOUNT] (computed under Minn. Stat. § 287.21 at $3.30 per $1,000 of Consideration)
Well Disclosure: ☐ A Well Disclosure Certificate accompanies this instrument.
☐ Seller certifies that the described real property contains no wells.
(Minn. Stat. § 103I.235)
Legal Description (the “Real Property”):
[INSERT FULL METES-AND-BOUNDS OR PLATTED LEGAL DESCRIPTION – ATTACH EXHIBIT “A” IF LENGTHY]
Tax Parcel Identification No.: [PID]
II. DEFINITIONS
“Deed” – This General Warranty Deed together with all attached exhibits.
“Grantor” – [FULL LEGAL NAME(S) OF GRANTOR(S)], [marital status; entity type].
“Grantee” – [FULL LEGAL NAME(S) OF GRANTEE(S)], [marital status; entity type].
“Warranty Covenants” – The covenants of seisin, right to convey, quiet enjoyment, no encumbrances, further assurances, and defense of title as set out in Section IV.
“Recording Office” – The Office of the County Recorder or Registrar of Titles (for Torrens property) for [______] County, Minnesota.
III. OPERATIVE CONVEYANCE
3.1 Grant. For the Consideration and subject to the terms herein, Grantor hereby conveys and warrants to Grantee, in fee simple, all of Grantor’s right, title, and interest in and to the Real Property, together with all appurtenant rights, easements, hereditaments, and tenements.
3.2 Consideration; Delivery of Possession. Receipt of the Consideration is hereby acknowledged. Possession shall be delivered to Grantee upon recording of this Deed, subject only to Permitted Encumbrances.
3.3 Permitted Encumbrances.
(a) Real estate taxes and assessments payable in the year of closing and thereafter;
(b) Building and zoning regulations;
(c) Easements, covenants, and restrictions of record as of the Effective Date that do not materially interfere with Grantee’s intended use.
IV. REPRESENTATIONS & WARRANTIES
4.1 Statutory Warranty Covenants. Pursuant to Minn. Stat. § 507.07, Grantor warrants:
(a) Grantor is lawfully seised of the Real Property in fee simple;
(b) Grantor has good right to convey the same;
(c) The Real Property is free from all encumbrances other than Permitted Encumbrances;
(d) Grantee shall quietly enjoy and possess the Real Property; and
(e) Grantor will warrant and defend the title against all lawful claims whatsoever.
4.2 Authority. Grantor represents that all requisite consents and entity approvals have been obtained and that the individual(s) executing this Deed are duly authorized.
4.3 Survival. The Warranty Covenants survive delivery and recording of this Deed and run with the land.
V. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute and deliver such additional instruments as may be necessary to perfect title or carry out the intent of this Deed.
5.2 Use Restrictions. None, except as set forth under Permitted Encumbrances or applicable law.
VI. DEFAULT & REMEDIES
6.1 Breach of Warranty. Failure of any Warranty Covenant constitutes a default.
6.2 Notice & Cure. Grantee shall provide written notice detailing the breach. Grantor shall have thirty (30) days to cure or commence cure.
6.3 Remedies. If Grantor fails to cure, Grantee may:
(a) Seek damages capped under Section VII.2;
(b) Pursue specific performance or reformation; and/or
(c) Institute a quiet-title action for injunctive relief.
6.4 Attorneys’ Fees. The prevailing party in any action arising out of this Deed is entitled to reasonable attorneys’ fees and costs.
VII. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, or claim arising out of a breach of the Warranty Covenants.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid, except in cases of Grantor’s fraud or willful misconduct.
7.3 Force Majeure. Neither party shall be liable for delays or failures caused by events beyond its reasonable control, except for monetary obligations.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the laws of the State of Minnesota.
8.2 Forum Selection. Any action shall be brought exclusively in the state courts located in [______] County, Minnesota.
8.3 Arbitration. The parties expressly exclude arbitration.
8.4 Jury Waiver. Intentionally omitted.
8.5 Injunctive Relief. Nothing herein limits the right of either party to seek equitable relief, including quiet-title actions, in accordance with Section 6.3(c).
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties concerning the Real Property and supersedes all prior agreements.
9.2 Amendments. Any amendment must be in writing and executed with the same formalities as this Deed.
9.3 Successors & Assigns. This Deed is binding upon Grantor and inures to the benefit of Grantee and their respective successors and assigns.
9.4 Severability. If any provision is held invalid, the remainder shall remain in full force.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts and delivered electronically; all counterparts constitute one instrument.
9.6 Recording Compliance. The parties shall cooperate to satisfy all Minnesota recording prerequisites, including margin, font size, and document title requirements.
X. EXECUTION BLOCK & STATUTORY ACKNOWLEDGMENT
IN WITNESS WHEREOF, the undersigned Grantor has executed this General Warranty Deed as of the Effective Date.
[GRANTOR SIGNATURE BLOCK]
[NAME], Grantor
[Marital Status – if married, spouse must join or relinquish marital interest]
[SECOND GRANTOR, if any]
[NAME], Grantor
STATE OF MINNESOTA )
) ss.
COUNTY OF __ )
On this _ day of _, 20__, before me, a Notary Public within and for said County, personally appeared ______, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
Notary Public
My Commission Expires: _______
[If Torrens property, include Registrar of Titles memorial lines per county practice.]
EXHIBIT “A” – LEGAL DESCRIPTION
[Attach if legal description exceeds space provided above]
[// GUIDANCE:
• File eCRV if Consideration > $3,000 (Minn. Stat. § 272.115).
• Pay state deed tax to Recording Office at the time of recording.
• Double-check well disclosure compliance; penalties apply for failure to file.
• For homestead property, ensure spousal signatures or waiver as required by Minn. Stat. § 507.02.]