WARRANTY DEED
(General Warranty – Commonwealth of Pennsylvania)
[// GUIDANCE: This template is drafted to meet Pennsylvania recording standards current as of the date of generation. Practitioners must confirm county-specific formatting (paper size, margins, font size) and any subsequent statutory changes before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notarial Acknowledgment
- Recording & Transfer-Tax Guidance
1. DOCUMENT HEADER
Prepared By: ______
Return To: _________
Tax Parcel/UPI No.: _______
County: [COUNTY] State: Pennsylvania
Deed Date (the “Effective Date”): [DATE]
This General Warranty Deed (this “Deed”) is made as of the Effective Date by and between:
• [GRANTOR LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION / INDIVIDUAL], having an address at [GRANTOR ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION / INDIVIDUAL], having an address at [GRANTEE ADDRESS] (“Grantee”).
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Grantor conveys and warrants to Grantee the real property described below, together with all improvements, rights, easements, and appurtenances (collectively, the “Property”), in fee simple, subject only to Permitted Encumbrances.
2. DEFINITIONS
For purposes of this Deed, the following capitalized terms have the meanings set forth below; terms defined in singular include the plural and vice-versa.
“Claim” – A demand, cause of action, suit, or proceeding of any kind arising from or relating to title to the Property.
“Consideration” – The amount of $[AMOUNT] USD paid by Grantee to Grantor for the conveyance of the Property.
“Permitted Encumbrances” – (a) real estate taxes and assessments not yet due and payable; (b) applicable zoning, subdivision, building, and other land-use laws; (c) matters set forth in Section 5.2, if any; and (d) any other encumbrances expressly accepted in writing by Grantee prior to the Effective Date.
“Recording Office” – The Office of the Recorder of Deeds for [COUNTY] County, Pennsylvania.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor, for the Consideration and subject to the Permitted Encumbrances, grants, bargains, sells, conveys, and confirms unto Grantee, its heirs, successors, and assigns forever, all of Grantor’s right, title, and interest in and to the Property.
3.2 Legal Description.
[INSERT FULL METES-AND-BOUNDS OR LOT-BLOCK-PLAN DESCRIPTION]
3.3 Habendum. TO HAVE AND TO HOLD the Property unto Grantee, its heirs, successors, and assigns, in fee simple forever.
3.4 Consideration Mechanics. Payment of the Consideration shall be made by [WIRE / CERTIFIED CHECK], subject to customary prorations and settlement adjustments.
3.5 Conditions Subsequent. If any Transfer-Tax Affidavit or Statement of Value required by Pennsylvania law is not accepted for recording solely due to an error attributable to Grantor, Grantor shall, upon written notice, execute a corrected instrument and return the same within ten (10) business days.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Warranties of Title. Grantor hereby warrants to Grantee that, as of the Effective Date and subject to Permitted Encumbrances:
(a) Grantor is lawfully seized of an indefeasible fee simple estate in the Property;
(b) Grantor has full right and authority to convey the Property;
(c) the Property is free and clear of all liens and encumbrances created by, through, or under Grantor, other than Permitted Encumbrances;
(d) Grantor will warrant and defend generally the title to the Property against Claims arising by, through, or under Grantor.
4.2 Survival. The covenants and warranties contained in this Deed shall run with the land and survive delivery of this Deed.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute and deliver such additional instruments as may be necessary to confirm or perfect title conveyed herein.
5.2 Use-Related Restrictions. [INSERT ANY EXISTING DECLARATIONS, HOA COVENANTS, EASEMENTS, OR LEASEBACKS, OR STATE “None.”]
5.3 Notice; Cure. Before Grantee initiates a Claim for breach of warranty, Grantee must provide written notice to Grantor specifying the alleged defect in title and allow Grantor thirty (30) days to cure or otherwise resolve the matter.
6. DEFAULT & REMEDIES
6.1 Events of Default. A breach of any warranty in Section 4 constitutes an Event of Default.
6.2 Remedies. Upon an Event of Default and subject to Section 7, Grantee may:
(a) seek specific performance or an action to quiet title;
(b) recover direct damages not exceeding the Consideration; and/or
(c) pursue any other remedy available at law or equity, except as limited herein.
6.3 Attorneys’ Fees. The prevailing party in any action relating to this Deed 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 Claim arising from a breach of Grantor’s warranties of title, provided that Grantor’s total aggregate liability under this Deed shall not exceed the Consideration actually paid.
7.2 Limitation of Liability. EXCEPT FOR FRAUD OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
7.3 Force Majeure. If performance under Section 5.1 is delayed by events beyond Grantor’s reasonable control, the time for performance shall be extended for the duration of such delay.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to conflict-of-laws principles.
8.2 Forum Selection. All proceedings shall be brought exclusively in the Court of Common Pleas for [COUNTY] County, Pennsylvania, or such other state court having jurisdiction over the Property.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. The parties do NOT waive the right to a jury trial.
8.5 Injunctive Relief. Nothing herein limits Grantee’s right to seek injunctive or equitable relief, including an action to quiet title.
9. GENERAL PROVISIONS
9.1 Amendments. No amendment to this Deed is effective unless signed by the party against whom enforcement is sought and recorded where legally required.
9.2 Assignment. Grantee may assign this Deed and its rights hereunder without Grantor’s consent; provided, any assignee is bound by this Deed.
9.3 Successors and Assigns. All covenants herein bind and benefit the parties and their respective heirs, successors, and assigns.
9.4 Severability. If any provision of this Deed is held unenforceable, the remaining provisions shall remain in full force.
9.5 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures transmitted via electronic means shall be deemed original for all purposes.
10. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
Title (if entity): ______
GRANTEE (acknowledgment of receipt only):
[GRANTEE NAME]
Title (if entity): ______
[// GUIDANCE: Pennsylvania does not require Grantee’s signature for validity of a deed; however, some practitioners include for receipt acknowledgment.]
Notary Acknowledgment (Pennsylvania Individual)
Commonwealth of Pennsylvania )
) ss:
County of [COUNTY] )
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: ______
[// GUIDANCE: Use the Pennsylvania Uniform Acknowledgment form appropriate to Grantor’s capacity (individual, corporate, LLC, partnership, etc.).]
11. RECORDING & TRANSFER-TAX GUIDANCE
[// GUIDANCE: The following practical notes are NOT part of the Deed and should be removed prior to recording.]
A. Recording Requirements (Pennsylvania)
• 8½″ × 14″ white paper, single-sided, with a 1-inch margin at top right for Recorder’s stamp.
• Clearly identify Grantor, Grantee, return address, parcel number, and municipality.
• Include Statement of Value (Form REV-183) if consideration is not stated in the Deed or if exemption from transfer tax is claimed.
B. Transfer Tax
• State and local realty transfer tax applies at a combined rate of 2.0% of the higher of (i) the Consideration or (ii) fair market value, unless a statutory exemption applies.
• Tax is customarily split 50/50 between Grantor and Grantee absent contrary agreement.
C. Fees & Surcharges
• Verify current recording fee schedule with the county Recorder.
D. Municipal Certifications
• Some municipalities require pre-recording certifications (e.g., no-lien, municipal utility compliance). Confirm local ordinances.
E. Parcel Identification
• Ensure the Tax Parcel/Uniform Parcel Identifier is correct; incorrect numbers can delay or void recording.
END OF DOCUMENT