GENERAL WARRANTY DEED
(Oklahoma – Court-Ready Form)
[// GUIDANCE: This template is drafted to satisfy Oklahoma statutory form requirements for a general warranty deed, together with modern defensive-drafting enhancements. Bracketed text MUST be completed or amended by counsel prior to execution and recordation. Delete all guidance comments before recording.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Grant & Conveyance (Operative Provisions)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Exhibits
I. DOCUMENT HEADER
Prepared By: [NAME] – [FIRM/COMPANY] – [ADDRESS] – [PHONE]
Return Recorded Deed To: [NAME / ADDRESS]
Send Subsequent Tax Statements To: [NAME / ADDRESS]
County: [___ County, Oklahoma]
Assessor’s Parcel No(s).: [__]
Documentary Stamp Amount: $ [____] (stamps affixed)
Exemption (if any): [State statutory exemption citation or “N/A”]
This GENERAL WARRANTY DEED (“Deed”) is made as of [___ __ , 20] (“Effective Date”) by and between:
- [LEGAL NAME OF GRANTOR], a [state & entity type OR “individual”], whose mailing address is [_____] (“Grantor”), and
- [LEGAL NAME OF GRANTEE], a [state & entity type OR “individual”], whose mailing address is [_____] (“Grantee”).
RECITALS
A. Grantor is lawfully seized of the real property described in Exhibit A (the “Property”).
B. Grantee has agreed to pay, and Grantor has agreed to accept, the Consideration (defined below) for the conveyance of the Property.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
II. DEFINITIONS
“Consideration” means the total purchase price of $ [______] paid by Grantee to Grantor for the Property, inclusive of any assumable indebtedness expressly set out in Section III.C.
“Environmental Law” means any federal, state, or local law, regulation, ordinance, or common-law requirement relating to pollution, protection of the environment, or human health and safety as it pertains to hazardous substances.
“Property” has the meaning stated in Recital A and more fully in Exhibit A.
“Title Company” means [____], or such other nationally recognized title insurance company mutually acceptable to the parties.
III. GRANT & CONVEYANCE (OPERATIVE PROVISIONS)
A. Grant of Fee Simple Title
Grantor, for and in consideration of the Consideration and the covenants herein, hereby GRANTS, CONVEYS, ALIENS, REMISES, RELEASES, and WARRANTS unto Grantee, in fee simple absolute, the Property, together with all improvements, hereditaments, appurtenances, rights, easements, and privileges thereunto belonging, TO HAVE AND TO HOLD the same unto Grantee and Grantee’s successors and assigns forever.
B. Habendum
TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns forever.
C. Consideration & Lien Payoff
1. Payment. Grantee has paid the Consideration to Grantor as follows: [describe cash, wire, or certified funds].
2. Assumed Liens (if any). Grantee assumes the indebtedness specifically set forth herein: [description or “None”].
3. Documentary Stamp Tax. Grantor shall affix or cause to be affixed the required Oklahoma documentary stamps prior to recording and pay all associated transfer taxes, unless an applicable statutory exemption is claimed and stated above.
D. Conditions Precedent
Delivery of this Deed is conditioned upon (i) clearance of funds constituting the Consideration and (ii) simultaneous issuance of an ALTA owner’s policy of title insurance to Grantee in the face amount of the Consideration, subject only to permitted exceptions approved in writing by Grantee.
IV. REPRESENTATIONS & WARRANTIES
A. Authority. Grantor represents that it is lawfully seized and possessed of the Property in fee simple and has full power and lawful authority to convey the same.
B. No Violation. Execution and delivery of this Deed does not and will not (i) violate any agreement binding upon Grantor, or (ii) result in a breach of or default under any legal requirement applicable to the Property.
C. Litigation. There is no pending or, to Grantor’s knowledge, threatened action, suit, or proceeding that would materially affect title to the Property.
D. Environmental. To Grantor’s knowledge, the Property is in material compliance with Environmental Law and contains no Hazardous Materials in violation thereof.
Survival. The representations and warranties in this Section survive Closing for a period of [_____] years and are independent of the statutory covenants of warranty set forth in Section V.
V. COVENANTS & RESTRICTIONS
A. Statutory Warranty Covenants
Grantor binds itself, its heirs, successors, and assigns to WARRANT AND DEFEND the title to the Property against all lawful claims and demands whatsoever, and specifically covenants that:
1. Grantor is seized of an indefeasible estate in fee simple;
2. Grantor has good right and full power to convey the same;
3. The Property is free from all encumbrances except those of record or set forth on Exhibit B; and
4. Grantor will warrant and forever defend the title to the Property against the lawful claims of all persons.
B. Use Restrictions (if any)
[Insert any restrictive covenants to run with the land or state “None.”]
C. Notice & Cure – Breach of Covenants
Grantor shall have [30] days after written notice from Grantee to cure any breach of the covenants in this Section before Grantee may pursue remedies.
VI. DEFAULT & REMEDIES
A. Default by Grantor
Failure of Grantor to satisfy the warranty covenants constitutes a default.
B. Remedies
1. Specific Performance or Reformation;
2. Indemnification pursuant to Section VII.A;
3. Reimbursement of all reasonable attorneys’ fees and costs incurred by Grantee in enforcing this Deed.
VII. RISK ALLOCATION
A. Indemnification
Grantor shall indemnify, defend, and hold harmless Grantee from all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from (i) a breach of Grantor’s representations, warranties, or covenants herein, or (ii) any claim to or against title to the Property through Grantor.
B. Limitation of Liability
Grantor’s total aggregate liability under this Deed shall not exceed the Consideration actually received by Grantor; provided, the foregoing limitation does not apply to claims based on Grantor’s fraud or intentional misconduct.
C. Insurance
[Optional clause if the transaction contemplates any post-closing insurance obligation.]
D. Force Majeure
Neither party shall be liable for delays or failures in performance (other than payment obligations) due to acts of God or other events beyond the reasonable control of the affected party.
VIII. DISPUTE RESOLUTION
A. Governing Law
This Deed and any dispute arising hereunder shall be governed by the laws of the State of Oklahoma, without regard to conflict-of-laws principles.
B. Forum Selection
Exclusive venue for any action arising out of or relating to this Deed shall lie in the state courts located in the county where the Property is situated.
C. Arbitration – Excluded
The parties expressly opt out of arbitration.
D. Jury Waiver – Excluded
[// GUIDANCE: The commissioning attorney may insert a jury-trial waiver if desired and enforceable.]
E. Equitable Relief
Nothing herein limits Grantee’s right to obtain injunctive or other equitable relief, including quiet-title actions.
IX. GENERAL PROVISIONS
A. Amendments; Waivers
No amendment or waiver of any provision of this Deed is effective unless in a written instrument executed by the party against whom enforcement is sought.
B. Assignment
Grantee may assign this Deed and its rights hereunder without Grantor’s consent, provided the assignee assumes all obligations of Grantee.
C. Successors and Assigns
This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
D. Severability
If any provision herein is held invalid, the remaining provisions remain in full force to the maximum extent permitted by law.
E. Entire Agreement
This Deed constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior understandings.
F. Counterparts; Electronic Signatures
This Deed may be executed in counterparts, each of which is deemed an original. Signatures delivered by electronic means are binding to the same extent as originals.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[Name and Title, if entity]
State of Oklahoma
County of [__]
This instrument was acknowledged before me on [date] by [Grantor’s name and title, if entity], on behalf of [entity name, if applicable].
Notary Public
My commission expires: __
Commission No.: __
(SEAL)
GRANTEE:
[// GUIDANCE: Oklahoma law does NOT require Grantee’s signature for a valid deed, but many practitioners include it to evidence acceptance of title.]
[Name and Title, if entity]
XI. EXHIBITS
Exhibit A – Legal Description of Real Property
[Insert metes and bounds or lot/block description. Attach separate pages if necessary.]
Exhibit B – Permitted Exceptions
1. Easements, restrictions, and rights-of-way of record;
2. Current year ad valorem real estate taxes not yet due or payable;
3. [Add, modify, or delete as appropriate.]
[// GUIDANCE: RECORDING CHECKLIST – OKLAHOMA]
1. Page formatting: 1-inch margins (3-inch top-left corner on first page for recorder stamp).
2. Grantor & Grantee mailing addresses included (16 O.S. § 28).
3. Documentary stamp tax ($0.75 per $500 of Consideration) affixed OR statutory exemption stated.
4. Notary acknowledgment compliant with Uniform Law on Notarial Acts (16 O.S. §§ 33-36).
5. Legal description attached.
6. Return-to and tax statement addresses completed.
7. Deliver original signed deed to county clerk for recording; obtain recorded copy for title policy issuance.
© 20__ [LAW FIRM NAME]. All rights reserved.
This template is provided solely for use by licensed attorneys. No attorney-client relationship is created by its provision.