WARRANTY DEED (GENERAL WARRANTY)
State of New York
[// GUIDANCE: This template is drafted to satisfy New York Real Property Law requirements, incorporate statutory warranty covenants under N.Y. Real Prop. Law § 258, and meet typical county-level recording standards. All bracketed text must be completed or removed prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Conveyance & Operative Covenants
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
- Recording & Transfer-Tax Information
1. DOCUMENT HEADER
1.1 Parties.
This Warranty Deed (“Deed”) is made as of [EFFECTIVE DATE], by and between:
• [GRANTOR LEGAL NAME], [state of formation/individual], having an address at [GRANTOR ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], [state of formation/individual], having an address at [GRANTEE ADDRESS] (“Grantee”).
1.2 Consideration.
For the sum of [WRITTEN DOLLAR AMOUNT] USD ($[NUMERICAL]), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor conveys to Grantee the real property described below (the “Premises”).
1.3 Governing Law & Venue.
This Deed is governed by, and shall be construed in accordance with, the laws of the State of New York. Any action arising out of this Deed shall be brought exclusively in the courts of the State of New York sitting in [COUNTY].
2. DEFINITIONS
Unless the context clearly indicates otherwise, the following terms have the meanings set forth below:
“Effective Date” – the date first written above.
“Encumbrances” – any liens, charges, claims, easements, assessments, leases, rights-of-way, covenants, conditions, restrictions, options, or other burdens affecting title.
“Premises” – the parcel(s) of real property described in Section 3.1, together with all buildings, improvements, rights, hereditaments, and appurtenances.
“Transfer Taxes” – all state or local real estate transfer, conveyance, or documentary taxes imposed pursuant to N.Y. Tax Law art. 31 and any applicable local law.
3. CONVEYANCE & OPERATIVE COVENANTS
3.1 Legal Description of Premises.
All that certain plot, piece, or parcel of land located in the [TOWN/CITY] of [NAME], County of [COUNTY], State of New York, more particularly described as follows:
[INSERT METES-AND-BOUNDS OR LOT & BLOCK DESCRIPTION]
[// GUIDANCE: Attach survey or Schedule A if description exceeds practical length.]
3.2 Granting Clause.
Grantor conveys and warrants the Premises to Grantee in fee simple, subject only to the Permitted Exceptions listed in Section 5.1. Pursuant to N.Y. Real Prop. Law § 258, the words “conveys and warrants” include the full statutory covenants of seisin, right to convey, quiet enjoyment, freedom from encumbrances, and further assurances.
3.3 Habendum.
To have and to hold the Premises unto Grantee, Grantee’s heirs, successors, and assigns forever.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor represents and warrants that, as of the Effective Date:
a. Grantor is lawfully seized of an indefeasible fee simple estate in the Premises.
b. Grantor has full right and lawful authority to convey the Premises.
c. The Premises are free from all Encumbrances except the Permitted Exceptions.
d. Grantor will warrant and defend the title against all lawful claims.
4.2 Survival.
All warranties under this Deed run with title and survive delivery of the Deed.
5. COVENANTS & RESTRICTIONS
5.1 Permitted Exceptions.
a. Real property taxes and assessments not yet due and payable.
b. Easements, covenants, and restrictions of record, provided they do not materially impair present use.
c. [OTHER PERMITTED EXCEPTIONS].
5.2 Compliance with Laws.
Grantee accepts the Premises subject to all applicable zoning, environmental, and building regulations.
6. DEFAULT & REMEDIES
6.1 Breach of Warranty.
If any covenant or warranty is breached, Grantee may pursue:
a. An action for damages (capped pursuant to Section 7.2);
b. Specific performance or reformation; and/or
c. Quiet-title or ejectment proceedings.
6.2 Notice & Cure.
Grantee shall give Grantor written notice of any claimed breach and a 30-day opportunity to cure before commencing suit, unless immediate action is required to protect title.
7. RISK ALLOCATION
7.1 Indemnification by Grantor.
Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, or expense (including reasonable attorneys’ fees) arising from breach of the covenants and warranties contained herein.
7.2 Liability Cap.
Grantor’s cumulative liability under this Deed shall not exceed the total consideration paid for the Premises, exclusive of attorneys’ fees and court costs awarded under Section 6.1.
7.3 Force Majeure.
Neither party shall be liable for delays in performance caused by events beyond its reasonable control; however, this does not excuse Grantor’s warranty obligations, which run with title.
8. DISPUTE RESOLUTION
8.1 Governing Law; Venue. See Section 1.3.
8.2 Arbitration. Arbitration is expressly excluded.
8.3 Jury Waiver. None (intentionally omitted).
8.4 Injunctive Relief. Nothing herein limits the right of either party to seek injunctive or equitable relief, including an action to quiet title.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed, together with any schedules, constitutes the entire agreement between the parties with respect to the conveyance of the Premises.
9.2 Amendments. No amendment or modification is effective unless executed in writing and recorded where required by law.
9.3 Severability. If any provision of this Deed is held unenforceable, the remainder shall be given full effect.
9.4 Successors & Assigns. All provisions of this Deed bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means shall be deemed original for all purposes to the fullest extent permitted by law, including the Electronic Signatures and Records Act (ESRA).
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this Deed as of the Effective Date.
| GRANTOR | GRANTEE |
|---|---|
| _________ | _________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: [IF APPLICABLE] | Title: [IF APPLICABLE] |
[// GUIDANCE: Add additional signature blocks if multiple grantors/grantees.]
10.1 Notary Acknowledgment – Individual (N.Y. Real Prop. Law § 309-a)
State of New York
County of __ ) ss.:On the _ day of _, 20__, before me, the undersigned, personally appeared [NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed the instrument.
Notary Public
10.2 Notary Acknowledgment – Corporation/LLC (N.Y. Real Prop. Law § 309-b)
State of New York
County of __ ) ss.:On the _ day of _, 20__, before me, the undersigned, personally appeared [NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individual who, being duly sworn, did depose and say that he/she is the [TITLE] of [ENTITY NAME], the corporation/LLC described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the board of directors/managers of said entity.
Notary Public
11. RECORDING & TRANSFER-TAX INFORMATION
11.1 Recording.
a. Recordation Standard. This Deed shall be recorded in the Office of the [COUNTY] County Clerk/Registrar.
b. Return To. After recording, return to: [NAME & ADDRESS].
c. Section/Block/Lot. SBL No.: [INSERT].
11.2 Transfer-Tax Filings.
a. TP-584. File Form TP-584 (Combined Real Estate Transfer Tax Return) with payment of state Transfer Taxes at $2.00 per $500 of consideration (N.Y. Tax Law art. 31).
b. RP-5217. File Form RP-5217-NYC or RP-5217-PDF as applicable.
c. Mansion Tax / Local Taxes. If consideration exceeds applicable thresholds or if the Premises are located in New York City, additional taxes may apply.
11.3 Transfer-Tax Affidavit.
Grantor affirms that the total consideration is $____ and that Transfer Taxes have been or will be paid in accordance with law.
[// GUIDANCE: Attachments such as Schedule A (legal description), TP-584, and RP-5217 must accompany the recorded deed. Verify county-specific margin, font, and bar-coding requirements before submission.]
© [YEAR] [LAW FIRM NAME]. All rights reserved.