GENERAL WARRANTY DEED
(State of Missouri)
[Prepared by: ____]
[Mail recorded deed to (“Return To”): ___]
[Parcel/Tax ID No.: __]
[Consideration: $_]
[Effective Date: ________]
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 & Notarial Acknowledgment
Exhibit A – Legal Description
I. DOCUMENT HEADER
THIS GENERAL WARRANTY DEED (this “Deed”) is made as of the Effective Date set forth above, by and between:
• [GRANTOR’S LEGAL NAME], a [natural person / Missouri corporation / limited liability company / other] with a mailing address of [________] (“Grantor”), and
• [GRANTEE’S LEGAL NAME], a [natural person / Missouri corporation / limited liability company / other] with a mailing address of [________] (“Grantee”).
RECITALS
A. Grantor is lawfully seized and possessed of that certain real property situated in the State of Missouri and legally described in Exhibit A (the “Property”).
B. Grantor desires to convey, and Grantee desires to receive, fee simple title to the Property in exchange for the Consideration and on the terms set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree and Grantor does hereby CONVEY and WARRANT the Property to Grantee as follows:
II. DEFINITIONS
For ease of reference, the following terms shall have the meanings set forth below. Defined terms appear in initial capital letters throughout this Deed.
“Affidavit of Value” means any local or county‐required form disclosing consideration paid for recording purposes.
“Breach” has the meaning given in Section VI.
“Consideration” means the amount set forth in the Document Header, paid in lawful money of the United States.
“Covenants” means the covenants of title granted in Section V.
“Liability Cap” has the meaning given in Section VII.
“Quiet Title Action” means any suit to establish or defend title to the Property.
[// GUIDANCE: Add, delete, or amend definitions as necessary to fit transaction specifics.]
III. OPERATIVE PROVISIONS
3.1 Grant. Grantor hereby grants, bargains, sells, conveys, and warrants unto Grantee, and to Grantee’s heirs, successors, and assigns forever, all of Grantor’s right, title, and interest in and to the Property, together with all improvements, hereditaments, appurtenances, and rights belonging or appertaining thereto.
3.2 Habendum. TO HAVE AND TO HOLD the Property, with all rights, privileges, and appurtenances thereunto belonging, unto Grantee and Grantee’s heirs, successors, and assigns, in fee simple forever.
3.3 Consideration. Grantee has paid to Grantor the Consideration, the receipt and sufficiency of which Grantor acknowledges.
3.4 Conditions Precedent. Delivery and recordation of this Deed are conditioned upon (i) payment of all recording fees, and (ii) full execution of any required Affidavit of Value or exemption form.
3.5 Possession. Possession of the Property shall pass to Grantee on the Effective Date, subject only to matters expressly set forth in this Deed.
IV. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents and warrants that Grantor (i) is the lawful owner of the Property; (ii) has full power, right, and authority to execute and deliver this Deed; and (iii) has obtained all requisite corporate or other approvals.
4.2 No Insolvency. Grantor is not the subject of any bankruptcy, insolvency, or receivership proceeding affecting Grantor’s ability to convey title.
4.3 Survival. The foregoing representations and warranties shall survive delivery and recordation of this Deed for the applicable statute of limitations.
V. COVENANTS & RESTRICTIONS
5.1 Statutory Covenants. Grantor hereby warrants and covenants with Grantee that:
a. Covenant of Seisin – Grantor is seized of the Property in fee simple;
b. Covenant of Right to Convey – Grantor has lawful right to convey;
c. Covenant Against Encumbrances – The Property is free from all liens and encumbrances except those of record;
d. Covenant of Quiet Enjoyment – Grantee shall peaceably enjoy the Property;
e. Covenant of Warranty – Grantor will warrant and defend the title against lawful claims; and
f. Covenant of Further Assurances – Grantor will execute such further instruments as may be reasonably necessary to perfect title.
5.2 Use Restrictions. This Deed conveys the Property subject to (i) easements, restrictions, and covenants of record, and (ii) zoning and other governmental regulations.
5.3 Compliance. Grantor covenants that all taxes and assessments due and payable prior to the Effective Date are paid or will be promptly paid from the Consideration.
VI. DEFAULT & REMEDIES
6.1 Breach Defined. A “Breach” occurs if any representation, warranty, or Covenant is materially false or violated.
6.2 Notice and Cure. Grantee shall give Grantor written notice of any alleged Breach and not less than thirty (30) days to cure before instituting legal action, except where enforcement would be barred by an applicable statute of limitations.
6.3 Remedies. Upon Breach, Grantee may pursue:
a. Damages subject to the Liability Cap;
b. Specific performance or reformation; and
c. Quiet Title Action.
6.4 Attorney Fees. In any action arising out of this Deed, the prevailing party shall be entitled to reasonable attorney fees and costs.
VII. RISK ALLOCATION
7.1 Indemnification – Warranty Covenants. Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, or expense (including reasonable attorney fees) arising from a Breach of the Covenants.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid (“Liability Cap”), except in the case of Grantor’s fraud or willful misconduct.
7.3 No Consequential Damages. Neither party shall be liable for incidental, consequential, or punitive damages.
7.4 Casualty / Condemnation. Risk of loss by casualty or condemnation passes upon delivery of this Deed. Any condemnation award or insurance proceeds not previously paid to Grantor are hereby assigned to Grantee.
7.5 Force Majeure. No party shall be liable for delay caused by events beyond its reasonable control, excluding payment obligations.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflicts-of-law principles.
8.2 Forum Selection. The exclusive forum for any action arising out of or relating to this Deed shall be the state courts of the county in Missouri where the Property is located.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. No jury waiver is provided; the right to jury trial is preserved.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive or equitable relief, including a Quiet Title Action.
IX. GENERAL PROVISIONS
9.1 Amendments. This Deed may be amended only by a written instrument executed and acknowledged by the party against whom enforcement is sought and recorded where the Property is situated.
9.2 Assignment. Grantee may freely assign this Deed and the estate conveyed hereby; Grantor may not assign its obligations without Grantee’s written consent.
9.3 Successors and Assigns. This Deed shall bind and benefit the parties and their respective heirs, personal representatives, successors, and assigns.
9.4 Severability. If any provision of this Deed is held invalid, the remainder shall be enforced to the fullest extent permitted by law.
9.5 Entire Agreement. This Deed, together with any attached exhibits, constitutes the entire agreement between the parties concerning the conveyance of the Property.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original for all purposes.
X. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[Name & Title, if entity]
[If entity]
[Entity Name]
By: _____
Name: _____
Title: _________
GRANTEE: Signature for acceptance recommended but not required under Missouri law
[Name & Title, if entity]
STATE OF MISSOURI )
) ss.
COUNTY OF ____ )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ______, [personally known to me / proved to me on the basis of satisfactory evidence] 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.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public in and for said State
My Commission Expires: _______
Exhibit A – Legal Description
[INSERT FULL METES AND BOUNDS OR PLATTED DESCRIPTION HERE]
[// GUIDANCE:
1. Recording Requirements (Missouri).
• Provide “Prepared by” and “Return To” names and addresses on the first page.
• State the full legal description and parcel number.
• Include grantor’s and grantee’s names, mailing addresses, and marital status (if individuals).
• Deed must be signed and acknowledged before a notary public.
• Submit original plus any required Affidavit of Value/exemption form and pay statutory recording fees.
2. Transfer Taxes. Missouri imposes no state‐level real estate transfer tax; however, county recorders assess modest recording fees. Confirm any local charter city assessments.
3. Marital Rights. If Grantor is married, spouse must also join in the conveyance or execute a separate Release of Marital Rights.
4. Entity Formalities. Obtain board/manager resolutions authorizing execution, and confirm signatory authority.
5. Title Insurance. Advise Grantee to obtain an owner’s policy of title insurance effective on the recording date.
6. Update form for statutory changes or unique county requirements before use.]