GENERAL WARRANTY DEED
(State of New Hampshire)
[// GUIDANCE: This form is drafted for fee-simple conveyances of real property located in New Hampshire and is designed to meet county registry recording standards in all counties. Customize bracketed text, delete guidance comments, and review for deal-specific issues before execution.]
Return Address After Recording:
[NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Prepared By (NH Bar # ______):
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notarial Acknowledgment
1. DOCUMENT HEADER
THIS GENERAL WARRANTY DEED (“Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
• [GRANTOR LEGAL NAME], a [STATE & TYPE OF ENTITY / INDIVIDUAL], with a mailing address of [GRANTOR ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [STATE & TYPE OF ENTITY / INDIVIDUAL], with a mailing address of [GRANTEE ADDRESS] (“Grantee”).
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby WARRANT, BARGAIN, GRANT, SELL, REMISE, RELEASE, CONVEY, AND CONFIRM unto Grantee, with GENERAL WARRANTY COVENANTS as more fully set forth herein, all right, title, and interest in and to the real property described in Section 3, together with all buildings, fixtures, improvements, rights, easements, and appurtenances thereto (collectively, the “Property”), situated in the [TOWN/CITY] of [MUNICIPALITY], County of [COUNTY], State of New Hampshire, to have and to hold unto Grantee, its successors and assigns, forever.
[// GUIDANCE: The above granting clause tracks the statutory short form warranty language under N.H. law.]
2. DEFINITIONS
For ease of reference, the following capitalized terms are used herein:
“Consideration” – The total purchase price paid for the Property as set forth in Section 3.
“Liability Cap” – An amount not to exceed the Consideration.
“Property” – The real estate and appurtenant rights conveyed hereby, as legally described in Section 3.
“Quiet Title Action” – Any judicial proceeding instituted to establish or defend title to the Property.
“Real Estate Transfer Tax” – The tax imposed by New Hampshire law on the transfer of real property interests.
3. OPERATIVE PROVISIONS
3.1 Property Description. See Exhibit A attached hereto and incorporated herein for a full legal description of the Property.
3.2 Consideration. The consideration for this conveyance is [AMOUNT IN WORDS] Dollars ($[NUMERICAL]) (the “Consideration”), receipt of which is hereby acknowledged.
3.3 Transfer Tax Compliance.
(a) The parties agree that the Real Estate Transfer Tax shall be paid by: ☐ Grantor ☐ Grantee ☐ 50/50 Split.
(b) A fully-completed Form PA-34 (Inventory of Property Transfer) and payment instructions shall accompany this Deed upon presentation for recording.
(c) Any statutory exemption claimed shall be properly identified on the face of this Deed.
3.4 Recording Requirements. Pursuant to county registry standards, this Deed:
(i) sets forth the mailing addresses of Grantor and Grantee;
(ii) identifies the municipality in which the Property lies;
(iii) includes a return address block; and
(iv) bears original (wet-ink) signatures or a statutorily-compliant electronic notarization.
4. REPRESENTATIONS & WARRANTIES
4.1 By Grantor. Grantor represents and warrants to Grantee that, as of the Effective Date:
(a) Grantor is lawfully seized in fee simple of the Property and has full power and authority to convey the same;
(b) The Property is free from all encumbrances except Permitted Encumbrances listed in Exhibit B;
(c) Grantor has good right to convey the Property to Grantee;
(d) Grantee, its heirs and assigns, shall quietly enjoy the Property without lawful interruption; and
(e) Grantor will warrant and defend the title against the lawful claims and demands of all persons.
4.2 Survival. The warranties in this Section survive delivery and recording of this Deed and run with the land.
5. COVENANTS & RESTRICTIONS
5.1 Permitted Encumbrances. The Property is conveyed subject only to:
(a) real estate taxes not yet due and payable;
(b) zoning, building, and other governmental regulations;
(c) matters of record as of the Effective Date that do not materially impair value or intended use; and
(d) easements, restrictions, and agreements expressly listed on Exhibit B.
5.2 Affirmative Covenant of Further Assurances. Grantor shall, at Grantee’s reasonable request and cost, execute and deliver such further instruments as may be reasonably necessary to perfect title in accordance with this Deed.
6. DEFAULT & REMEDIES
6.1 Breach Defined. A “Breach” occurs if any representation, warranty, or covenant made by Grantor herein is false or violated.
6.2 Notice & Cure. Grantee shall provide written notice specifying the alleged Breach. Grantor shall have thirty (30) days after receipt to cure, or such longer period as is reasonably required if cure is commenced within said 30-day period and diligently prosecuted.
6.3 Remedies. Upon uncured Breach, Grantee may:
(a) seek damages up to the Liability Cap;
(b) bring a Quiet Title Action or other action for specific performance; and/or
(c) pursue any other remedy available at law or in equity.
6.4 Attorneys’ Fees. In any action arising from a Breach, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any loss, cost, or liability (up to the Liability Cap) arising from a Breach of the warranty covenants herein.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration.
7.3 Force Majeure. Neither party shall be liable for delays in performance caused by acts of God, governmental action, or other events beyond its reasonable control; provided, however, that this provision shall not apply to payment of the Consideration or the covenant of further assurances.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by, and construed in accordance with, the laws of the State of New Hampshire.
8.2 Forum Selection. Any suit, action, or proceeding arising out of or relating to this Deed shall be instituted exclusively in a state court of competent jurisdiction located within the State of New Hampshire, and the parties hereby submit to the personal jurisdiction thereof.
8.3 Arbitration. The parties expressly exclude arbitration.
8.4 Jury Trial. No jury-trial waiver is provided; all constitutional jury rights are preserved.
8.5 Injunctive Relief. Nothing herein shall impair Grantee’s right to seek injunctive or declaratory relief, including a Quiet Title Action, to protect its interests in the Property.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior agreements, written or oral.
9.2 Amendment & Waiver. No amendment or waiver of any provision of this Deed shall be effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Assignment. Grantee may assign its rights under this Deed without further consent; provided, however, that any such assignee shall be bound by the obligations herein.
9.4 Successors & Assigns. This Deed shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
9.5 Severability. If any provision of this Deed is held invalid, the remainder shall not be affected and shall be enforced to the fullest extent permitted by law.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures delivered electronically or by facsimile shall be deemed originals for all purposes.
10. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
[Title, if applicable]
[// GUIDANCE: If Grantor is an entity, add a corporate authority clause and attach a secretary’s certificate or board resolution as needed.]
STATE OF NEW HAMPSHIRE )
COUNTY OF [____] ) ss.
On this _ day of __, 20____, before me, the undersigned officer, personally appeared [GRANTOR NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
[SEAL]
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[INSERT METES-AND-BOUNDS OR LOT/BLOCK DESCRIPTION; INCLUDE REFERENCE TO PRIOR DEED BOOK AND PAGE.]
EXHIBIT B
PERMITTED ENCUMBRANCES
- Real estate taxes for the current year not yet due or payable.
- [LIST ADDITIONAL EASEMENTS, COVENANTS, OR OTHER MATTERS OF RECORD.]