GENERAL WARRANTY DEED
(North Dakota – With Full Warranty of Title)
[// GUIDANCE: This template is intentionally drafted in a modular, statute-compliant format for immediate attorney customization and recording in any county within the State of North Dakota. All bracketed items must be completed, reviewed, and, where applicable, conformed to the specific title commitment, survey, and local recorder requirements.]
RECORDING COVER PAGE (do not remove; required for most ND recorders)
Prepared By: [NAME OF PREPARER]
Address: [ STREET | CITY, ND ZIP ]
Telephone: [ () -____ ]
Return To (After Recording): [NAME / FIRM]
Mail Tax Statements To: [GRANTEE NAME & MAILING ADDRESS]
Document Title: GENERAL WARRANTY DEED
County & State: [___ COUNTY, NORTH DAKOTA]
Parcel ID No.: [_] Legal Description: (see Exhibit A attached)
Transfer Tax Status: North Dakota presently imposes no state-level real estate transfer tax. Regular recording fees apply.
TABLE OF CONTENTS
I. Deed & Parties Identification
II. Definitions
III. Conveyance & Consideration
IV. Grantor’s Covenants of Title
V. Risk Allocation & Indemnification
VI. Default; Remedies; Quiet-Title Relief
VII. Governing Law; Forum Selection
VIII. General Provisions
IX. Exhibits
X. Execution & Acknowledgment
I. DEED & PARTIES IDENTIFICATION
THIS GENERAL WARRANTY DEED (the “Deed”) is made as of the [Effective Date], by and between:
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Grantor: [GRANTOR’S FULL LEGAL NAME], [marital status] of [street], [city], [state & zip]; and
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Grantee: [GRANTEE’S FULL LEGAL NAME], a [entity type & state of organization] having its principal address at [address].
The Grantor and Grantee are sometimes referred to individually as a “Party” and collectively as the “Parties.”
Recitals:
A. Grantor is lawfully seized of the real property described in Exhibit A (the “Property”).
B. Grantor desires to convey, and Grantee desires to accept, the Property for the consideration and on the terms set forth below.
NOW, THEREFORE, in consideration of the payment of [Purchase Price in words] Dollars (US $[____]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby conveys the Property to Grantee with full warranty of title, subject only to the Permitted Exceptions defined below.
II. DEFINITIONS
For ease of reference, the following terms shall have the meanings set forth below:
“Effective Date” means the date inserted on the first page of this Deed or, if none, the date this Deed is acknowledged by the last-signing Grantor.
“Permitted Exceptions” means:
(a) real estate taxes and assessments not yet due and payable;
(b) easements, covenants, conditions, and restrictions of record as of the Effective Date that do not materially impair current use;
(c) rights of parties in possession under unrecorded leases disclosed to Grantee in writing; and
(d) matters that would be revealed by an accurate survey or physical inspection.
“Warranty Covenants” collectively refers to the covenants of seisin, right to convey, against encumbrances, quiet enjoyment, further assurances, and general warranty set forth in Section IV.
III. CONVEYANCE & CONSIDERATION
3.1 Grant. Grantor grants, bargains, sells, conveys, and warrants to Grantee, in fee simple, all of Grantor’s right, title, and interest in and to the Property, together with all appurtenances, improvements, and hereditaments thereunto belonging or appertaining, subject only to the Permitted Exceptions.
3.2 Consideration. The consideration for this conveyance is the Purchase Price recited above, the adequacy of which Grantor acknowledges.
[// GUIDANCE: ND does not require disclosure of purchase price for recording, but many title companies request inclusion of “$1.00 and other valuable consideration” for privacy.]
3.3 Homestead Release (if applicable). If the Property constitutes the Grantor’s homestead, each spouse joins herein solely to release homestead rights as required under applicable North Dakota law.
IV. GRANTOR’S COVENANTS OF TITLE
Grantor warrants and covenants to Grantee, Grantee’s heirs, successors, and assigns, that:
(a) Seisin. Grantor is seized of indefeasible fee simple title to the Property.
(b) Right to Convey. Grantor has full power and lawful authority to convey the same.
(c) Against Encumbrances. The Property is free and clear of all liens and encumbrances, except for the Permitted Exceptions.
(d) Quiet Enjoyment. Grantee shall have quiet and peaceable possession of the Property, free from adverse claims of any person.
(e) Warranty Forever. Grantor will warrant and defend the title to the Property forever against the lawful claims and demands of all persons claiming by, through, or under Grantor, but not otherwise.
(f) Further Assurances. Grantor will, upon reasonable request, execute and deliver such further instruments as may be necessary to perfect title in Grantee.
4.1 Survival. The Warranty Covenants shall run with the land and survive delivery of this Deed.
4.2 Liability Cap. Notwithstanding anything herein, Grantor’s cumulative liability under the Warranty Covenants shall not exceed the Purchase Price actually received by Grantor plus reasonable costs of defense and enforcement. This limitation is a material inducement to Grantor.
V. RISK ALLOCATION & INDEMNIFICATION
5.1 Grantor’s Indemnity. 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, subject to the liability cap in Section 4.2.
5.2 Environmental Disclaimer. Grantor makes no representation concerning environmental conditions, and Grantee assumes all risk relating thereto, except to the extent any environmental condition constitutes a breach of Grantor’s express representations in any separate purchase agreement.
VI. DEFAULT; REMEDIES; QUIET-TITLE RELIEF
6.1 Breach of Warranty Covenants. In the event of a breach, Grantee’s remedies include:
(a) specific performance to compel conveyance of marketable title;
(b) damages capped as provided in Section 4.2; and
(c) equitable relief, including quiet-title and injunctive relief, in any state court of competent jurisdiction.
6.2 Notice & Opportunity to Cure. Grantee must provide written notice describing the alleged breach and allow Grantor 30 calendar days to cure prior to filing suit, unless emergency relief is required to preserve title or possession.
VII. GOVERNING LAW; FORUM SELECTION
7.1 Governing Law. This Deed shall be governed by, and construed in accordance with, the laws of the State of North Dakota, without giving effect to conflict-of-law principles.
7.2 Forum. Any action arising out of or relating to this Deed shall be brought exclusively in the District Court for [___ County, North Dakota]. The Parties hereby submit to, and waive any objection to, personal jurisdiction and venue in that court.
7.3 Jury Trial. No contractual jury-trial waiver is provided; statutory rights to jury trial remain intact.
7.4 Arbitration. The Parties expressly exclude arbitration.
VIII. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement of the Parties with respect to the conveyance of the Property and supersedes all prior agreements relating thereto.
8.2 Amendments. No amendment or modification of this Deed is effective unless in a writing signed by the Party to be bound and recorded if required by law.
8.3 Successors & Assigns. This Deed binds and inures to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns.
8.4 Severability. If any provision of this Deed is held invalid, the remainder shall remain in full force to the maximum extent permitted.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by facsimile, e-mail (PDF), or compliant e-signature platform shall be deemed original for all purposes.
IX. EXHIBITS
Exhibit A – Legal Description of Property
Exhibit B – Permitted Exceptions (if any)
X. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
Grantor:
[GRANTOR NAME]
(if married)
[GRANTOR’S SPOUSE NAME], Spouse, joining solely to release homestead rights
[// GUIDANCE: Additional signature blocks for multiple Grantors or Grantees may be inserted as needed.]
NOTARY ACKNOWLEDGMENT – NORTH DAKOTA
State of North Dakota
County of ______
This instrument was acknowledged before me on the _ day of _, 20__, by _______ [names of person(s) acknowledging], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the foregoing instrument.
Notary Public for the State of North Dakota
My commission expires: _______
COUNTY RECORDER USE ONLY (leave blank)
Recording Information: Instrument No. _ Date: _ Time: __
Recording Fee: $_ Paid by: _________
[END OF DOCUMENT]