GENERAL WARRANTY DEED
(New Mexico – State-Specific Form)
[// GUIDANCE: This template is drafted for use by licensed attorneys and title professionals. Bracketed text and guidance comments should be removed or tailored prior to execution and recording.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Conveyance
- Representations & Warranty Covenants
- Covenants & Restrictions
- Default; Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Acknowledgment
1. DOCUMENT HEADER
Prepared By: [ATTORNEY / FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
Return To: [NAME OR COMPANY]
Address: [ADDRESS]
After Recording, Mail Tax Statements To: [GRANTEE NAME & ADDRESS]
County Recording Information (to be completed by Clerk):
Book __ Page _ Instrument No. Date _ Time ____
Legal Description Reference: [INSERT PAGE/PARAGRAPH]
[// GUIDANCE: New Mexico recording offices require at least a 2-inch margin at the top of the first page and 1-inch margins elsewhere; use 12-point legible font; print single-sided on white 8½" × 11" paper.]
2. RECITALS
This General Warranty Deed (the “Deed”) is made and entered into as of the [EFFECTIVE DATE] (the “Effective Date”) by and between:
A. [GRANTOR NAME], a [ENTITY TYPE; e.g., New Mexico limited liability company / individual], with a principal address of [ADDRESS] (“Grantor”); and
B. [GRANTEE NAME], a [ENTITY TYPE], with a principal address of [ADDRESS] (“Grantee”).
Grantor, for and in consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars (US $[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (collectively, the “Consideration”), does hereby GRANT, BARGAIN, SELL, CONVEY, AND WARRANT unto Grantee the real property described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”), together with all improvements, hereditaments, tenements, rights, easements, and appurtenances thereunto belonging, to have and to hold the same forever.
3. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below. Capitalized terms used but not defined have the meanings given in the operative text.
“Claim” means any action, cause of action, demand, loss, liability, lien, encumbrance, cost, or expense (including reasonable attorneys’ fees).
“Consideration” has the meaning set forth in Section 2.
“Encumbrance” means any lien, security interest, mortgage, deed of trust, restriction, lease, option, or other third-party right affecting title.
“Permitted Encumbrances” means the matters, if any, listed on Exhibit B.
“Warranty Covenants” has the meaning set forth in Section 5.1.
4. OPERATIVE CONVEYANCE
4.1 Grant. Grantor hereby conveys the Property to Grantee in fee simple absolute, together with all rights, easements, and appurtenances, subject only to the Permitted Encumbrances.
4.2 Consideration. Payment of the Consideration shall be conclusively presumed by the recording of this Deed.
4.3 Conditions Precedent. Delivery and acceptance of this Deed are conditioned upon (a) payment of the Consideration, and (b) filing, recording, and payment of all required fees, excise taxes, and documentary stamps (if any) in accordance with New Mexico law.
4.4 Possession. Possession shall pass to Grantee upon the recording of this Deed unless otherwise provided in a separate written agreement.
5. REPRESENTATIONS & WARRANTY COVENANTS
5.1 General Warranty. Grantor, its heirs, successors, and assigns, does hereby warrant and will forever defend title to the Property unto Grantee, its successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor (the “Warranty Covenants”), subject only to the Permitted Encumbrances.
5.2 Scope of Warranty Covenants. The Warranty Covenants include, without limitation, the following:
a. Seisin – Grantor is lawfully seized of the Property in fee simple.
b. Right to Convey – Grantor has full power and lawful authority to convey the Property.
c. No Encumbrances – The Property is free and clear of all Encumbrances other than Permitted Encumbrances.
d. Quiet Enjoyment – Grantee shall peaceably and quietly hold and enjoy the Property without disturbance.
e. Further Assurances – Grantor will execute and deliver such further documents as may be reasonably requested to perfect title in Grantee.
5.3 Survival. The Warranty Covenants shall run with the land and survive delivery, recording, and any subsequent conveyance.
6. COVENANTS & RESTRICTIONS
6.1 Compliance. Grantor and Grantee covenant to comply with all applicable federal, state, and local laws, ordinances, regulations, and orders relating to the Property.
6.2 Environmental Matters. Grantor represents that, to Grantor’s actual knowledge, no hazardous substances are present on the Property in violation of applicable law, except as disclosed on Exhibit C (if any).
6.3 Notice & Cure. A party asserting a breach of any covenant shall provide written notice to the other party and allow a thirty (30)-day cure period before pursuing remedies, unless (a) an earlier deadline is imposed by statute, or (b) emergency injunctive relief is reasonably required to prevent material harm.
7. DEFAULT; REMEDIES
7.1 Events of Default. The following constitute an “Event of Default”:
a. Any breach of the Warranty Covenants;
b. Failure to comply with Section 6 (Covenants & Restrictions); or
c. A false or materially misleading statement in any affidavit, transfer declaration, or other instrument delivered in connection with this Deed.
7.2 Remedies. Upon an Event of Default, the non-defaulting party may pursue any combination of the following:
a. Specific performance or reformation;
b. Damages subject to the liability cap in Section 8.2;
c. Quiet-title or other injunctive relief; and
d. Recovery of reasonable attorneys’ fees and costs.
8. RISK ALLOCATION
8.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any Claim arising out of or related to a breach of the Warranty Covenants or Grantor’s fraud or intentional misconduct.
8.2 Limitation of Liability. Grantor’s aggregate liability under this Deed shall not exceed the total Consideration actually received by Grantor, except with respect to Claims arising from Grantor’s fraud or intentional misconduct, for which no cap shall apply.
8.3 Force Majeure. No party shall be liable for delay or failure to perform caused by acts of God, war, terrorism, civil commotion, governmental action, or other events beyond the party’s reasonable control; provided that this Section shall not excuse payment obligations or the timely recording of this Deed.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Deed and all matters arising hereunder shall be governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.
9.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts of competent jurisdiction located within the county where the Property is situated.
9.3 Arbitration. Arbitration is expressly excluded.
9.4 Jury Waiver. No jury-trial waiver is provided; any party may demand a jury as permitted by New Mexico law.
9.5 Injunctive Relief. Nothing herein limits the right of any party to seek quiet-title or other injunctive relief in a court of competent jurisdiction.
10. GENERAL PROVISIONS
10.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior understandings, whether written or oral.
10.2 Amendments. This Deed may be amended or modified only by a written instrument executed by Grantor and Grantee and recorded in the same land records as this Deed.
10.3 Waiver. No waiver of any provision shall be effective unless in writing and signed by the waiving party. A waiver on one occasion shall not be deemed a waiver on any subsequent occasion.
10.4 Severability. If any provision of this Deed is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.5 Successors & Assigns. This Deed shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
10.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or any electronic signature platform approved under New Mexico’s Uniform Electronic Transactions Act shall be effective for all purposes.
11. EXECUTION BLOCK & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
Title (if entity): _______
GRANTEE (acceptance acknowledged):
[GRANTEE NAME]
Title (if entity): _______
NOTARY ACKNOWLEDGMENT – NEW MEXICO
State of New Mexico )
County of ____ ) ss.
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [NAME(S) OF INDIVIDUAL(S) SIGNING], ☐ personally known to me or ☐ proven to me on the basis of satisfactory evidence, who acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public Signature
[Seal] My Commission Expires: ____
[// GUIDANCE: Use the current statutory short-form acknowledgment under N.M. Stat. Ann. § 14-14A-16 or its successor. Attach separate acknowledgments for each signatory if required.]
EXHIBIT A – LEGAL DESCRIPTION
[Insert metes-and-bounds description, lot/block, or other legally sufficient description.]
EXHIBIT B – PERMITTED ENCUMBRANCES (IF ANY)
- [Easements, covenants, and restrictions of record]
- [Taxes not yet due and payable]
- [Other matters agreed by the parties]
EXHIBIT C – ENVIRONMENTAL DISCLOSURES (OPTIONAL)
[Describe any known environmental conditions or state “None.”]
NEW MEXICO RECORDING & TRANSFER-TAX GUIDANCE
[// GUIDANCE:
1. Recording is accomplished by filing the original executed Deed with the County Clerk of the county where the Property is located, accompanied by the applicable filing fee (standard fee currently $25.00 for the first ten pages plus $2.00 per additional page; verify locally).
2. A fully completed Real Property Transfer Declaration (Form RPD-41189) must be submitted to the County Assessor within thirty (30) days after recording.
3. New Mexico imposes no state-level real estate transfer tax, but certain municipalities may assess local transfer fees; confirm prior to closing.
4. Affidavit of Consideration or Value is not required for residential transfers unless requested by the Assessor.
5. Ensure names appear printed or typed beneath each signature and that the notary seal is legible and includes commission expiration.
]