GENERAL WARRANTY DEED
(State of New Jersey)
[// GUIDANCE: This template is drafted to satisfy New Jersey statutory requirements for a general warranty deed, including recording-ready formatting, acknowledgment language, and transfer-tax compliance. Bracketed text must be completed or modified before execution.]
Prepared By: [NAME, Firm, Address, Telephone]
Return Recorded Instrument To: [NAME / ADDRESS]
Send Future Tax Bills To: [NAME / ADDRESS]
County Recording Data (Clerk’s Use Only): Instrument No. _ | Book | Page _ | Date | Fees $__
Block _ Lot Qualifier __ Municipality __ County ____, NJ
Consideration Paid: $[__]
Realty Transfer Fee Paid Pursuant to N.J.S.A. 46:15-5: $[____]
[ ] RTF-1/RTF-1EE Affidavit Attached [ ] GIT/REP Recording Package Attached
Effective Date: [DATE]
TABLE OF CONTENTS
- Definitions
- Grant and Conveyance
- Representations and Warranties of Grantor
- Covenants Running With the Land
- Default; Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution and Acknowledgment
- Exhibit A – Legal Description of Property
1. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below:
“Applicable Law” – All federal, state, county, and municipal statutes, ordinances, rules, regulations, and common-law principles governing this Deed, including the New Jersey Recording Act (N.J.S.A. 46:16-1 et seq.) and the Realty Transfer Fee statute (N.J.S.A. 46:15-5).
“Consideration” – The monetary value stated above and any other non-monetary consideration, the receipt and sufficiency of which are acknowledged by Grantor.
“Deed” – This General Warranty Deed, together with all exhibits, riders, and affidavits attached hereto.
“Grantor” – [FULL LEGAL NAME(S)], [state of organization & entity type OR “individual(s)”], having an address at [ADDRESS].
“Grantee” – [FULL LEGAL NAME(S)], [state of organization & entity type OR “individual(s)”], having an address at [ADDRESS].
“Property” – The real property described in Exhibit A, together with all appurtenances, hereditaments, improvements, and rights belonging thereto.
2. GRANT AND CONVEYANCE
2.1 Grant. For the Consideration and subject to the terms herein, Grantor hereby GRANTS, BARGAINS, SELLS, CONVEYS, and WARRANTS to Grantee, in fee simple absolute, the Property, TO HAVE AND TO HOLD the same unto the Grantee, its heirs, successors, and assigns forever.
2.2 Subject-To Matters. This conveyance is made subject to (i) all matters of record as of the Effective Date, (ii) zoning ordinances and land-use regulations, and (iii) any state of facts an accurate survey or physical inspection would reveal, none of which individually or in the aggregate materially impairs Grantee’s intended use of the Property.
3. REPRESENTATIONS AND WARRANTIES OF GRANTOR
Grantor represents and warrants to Grantee as of the Effective Date and the recording date that:
3.1 Authority. Grantor has full right, power, and authority to convey the Property and to execute and deliver this Deed.
3.2 Title. Grantor is seized of an indefeasible estate in fee simple absolute in the Property, free and clear of all liens, encumbrances, and claims other than the Subject-To Matters.
3.3 Capacity. If Grantor is an entity, it is duly formed, validly existing, and in good standing under Applicable Law and the execution of this Deed has been duly authorized.
3.4 No Conflicts. The execution and delivery of this Deed do not violate any agreement, judgment, or governmental order binding upon Grantor.
3.5 Survival. The representations and warranties in this Section survive delivery of this Deed and recording for a period of six (6) years, except for the warranties of title in Section 4, which survive in perpetuity.
4. COVENANTS RUNNING WITH THE LAND
Grantor, for itself and its heirs, successors, and assigns, hereby covenants with Grantee and Grantee’s heirs, successors, and assigns that:
4.1 Covenant of Seisin. Grantor is lawfully seized of the Property in fee simple and has good right to convey the same.
4.2 Covenant Against Encumbrances. The Property is free from all encumbrances except the Subject-To Matters.
4.3 Covenant of Quiet Enjoyment. Grantee shall quietly enjoy the Property without lawful disturbance from Grantor or any person claiming by, through, or under Grantor.
4.4 Covenant of Further Assurances. Grantor will, at Grantee’s reasonable request and cost, execute and deliver such further instruments as may be necessary to perfect the conveyance intended herein.
4.5 Covenant of Warranty. Grantor will warrant and defend title to the Property against the lawful claims of all persons claiming by, through, or under Grantor.
5. DEFAULT; REMEDIES
5.1 Breach. A breach of any representation, warranty, or covenant herein constitutes a default.
5.2 Notice and Cure. Before commencing an action for breach, the non-breaching party shall give written notice describing the alleged breach in reasonable detail and allow a thirty (30)-day cure period (or longer if reasonably necessary so long as diligent efforts to cure are pursued).
5.3 Remedies.
a. Specific Performance and Quiet Title. The parties acknowledge that monetary damages may be inadequate; therefore, injunctive relief, including suits to quiet title, may be sought.
b. Damages Cap. Grantor’s aggregate liability for monetary damages under this Deed shall not exceed the Consideration actually paid.
c. Attorneys’ Fees. The prevailing party in any action to enforce this Deed shall be entitled to reasonable attorneys’ fees and costs.
6. RISK ALLOCATION
6.1 Indemnity. Grantor shall indemnify, defend, and hold harmless Grantee from and against any loss, cost, or liability (including reasonable attorneys’ fees) arising out of any breach of Grantor’s representations, warranties, or covenants contained herein.
6.2 Force Majeure. Neither party shall be liable for failure to perform its obligations hereunder (other than payment of money) if such failure results from acts of God, war, governmental action, or other causes beyond its reasonable control; provided that the impacted party gives prompt notice and resumes performance as soon as practicable.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Deed and all disputes arising hereunder are governed by the laws of the State of New Jersey without regard to conflicts-of-laws principles.
7.2 Forum Selection. The Superior Court of New Jersey located in the county where the Property is situated shall have exclusive jurisdiction; each party irrevocably submits to such venue.
7.3 Arbitration. Arbitration is expressly excluded.
7.4 Jury Waiver. No jury-trial waiver is provided; the right to jury trial is preserved.
7.5 Injunctive Relief. The parties may seek provisional or permanent injunctive relief, including but not limited to actions to quiet title, without the necessity of posting a bond.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the Property and supersedes all prior agreements.
8.2 Amendments; Waivers. Any amendment or waiver must be in writing executed by the party against whom enforcement is sought.
8.3 Successors and Assigns. This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
8.4 Severability. If any provision is held unenforceable, the remainder shall be given full force and effect.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed originals.
9. EXECUTION AND ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[NAME & TITLE, if entity]
[If entity, add attestation / corporate seal line as required]
GRANTEE (for acknowledgment of delivery and acceptance only):
[NAME & TITLE, if entity]
NOTARY ACKNOWLEDGMENT (New Jersey – Individual Grantor)
State of New Jersey )
) ss.:
County of ______ )
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [NAME OF GRANTOR] who (check one):
[ ] is personally known to me, or
[ ] produced ___ as identification,
and who acknowledged executing the foregoing instrument for the purposes therein contained.
Notary Public, State of New Jersey
My Commission Expires: _______
[// GUIDANCE: For entity Grantors, substitute the corporate/LLC acknowledgment form prescribed by N.J.S.A. 46:14-2.1.]
10. EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
[INSERT METES-AND-BOUNDS DESCRIPTION OR LOT/BLOCK REFERENCE]
[// GUIDANCE: Attach fully executed RTF-1/RTF-1EE and GIT/REP forms, plus Affidavit of Consideration if applicable. Confirm 1-inch side margins, 3-inch top margin on first page, and 1-inch top margins on subsequent pages per county clerk specifications. Verify deed affidavit and acknowledgment forms conform to N.J.S.A. 46:14-2.1 and county-specific requirements prior to submission for recording.]