GENERAL WARRANTY DEED

(South Carolina – Court-Ready Template)

[// GUIDANCE: This template is drafted to satisfy South Carolina recording requirements in effect as of the date of drafting. Always confirm county‐specific practices, current statutory fees, and any recent legislative amendments before use.]

DOCUMENT HEADER

1. Prepared By:
   [PREPARER NAME, ESQ.]
   [Firm/Company]
   [Street Address]
   [City, State ZIP]
   Phone: [●] | Email: [●]

2. Recording Information Block: (Leave blank for Register of Deeds)

3. Property Tax Map Number (TMS/PIN): _______
   [// GUIDANCE: Most South Carolina counties reject deeds lacking the TMS/PIN.]

4. Derivation Clause:
   “This being the identical real property conveyed to Grantor by deed of [PRIOR GRANTOR] dated _ and recorded _ in Deed Book _ at Page , Office of the Register of Deeds for _ County, South Carolina.”
   [// GUIDANCE: S.C. recording statutes require a derivation clause unless exempt (e.g., newly-platted property).]

5. Consideration & Recording Fee Calculation:
   Consideration Paid: $__
   Deed Recording Fee (“Transfer Tax”): $__
   [// GUIDANCE: Under the South Carolina Deed Recording Fee Act, calculate $1.85 per $500 (or fraction) of consideration, unless an exemption applies. Confirm any county surcharges.]

TABLE OF CONTENTS

I. Definitions
II. Granting Clause & Warranty Covenants
III. Representations of Grantor
IV. Covenants & Restrictions (Running With the Land)
V. Risk Allocation
VI. Default & Remedies
VII. Governing Law; Dispute Resolution
VIII. General Provisions
IX. Execution & Notarial Acknowledgment

I. DEFINITIONS

For purposes of this Deed, the following terms have the meanings assigned:

1. “Grantor” – [FULL LEGAL NAME], a [State] [Entity Type] having its principal place of business at [Address].
2. “Grantee” – [FULL LEGAL NAME], a [State] [Entity Type/Individual] whose mailing address is [Address].
3. “Property” – The real property and all improvements located in the County of ____, State of South Carolina, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
4. “Effective Date” – The date this Deed is delivered to and accepted by the Grantee.

II. GRANTING CLAUSE & WARRANTY COVENANTS

For and in consideration of the sum of [WRITTEN DOLLAR AMOUNT] Dollars ($____), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, sells, and conveys unto Grantee, with GENERAL WARRANTY and the full benefit of the following covenants, the Property:

1. Covenant of Seisin – Grantor owns indefeasible fee simple title.
2. Covenant of Right to Convey – Grantor has full authority to convey the Property.
3. Covenant Against Encumbrances – The Property is free from all encumbrances except Permitted Encumbrances listed in Section IV.
4. Covenant of Quiet Enjoyment – Grantee shall peaceably possess the Property without lawful disturbance.
5. Covenant of Warranty Forever – Grantor will defend title to the Property against all lawful claims.
6. Covenant of Further Assurances – Grantor will execute and deliver additional instruments as reasonably necessary to perfect title.

III. REPRESENTATIONS OF GRANTOR

Grantor represents and warrants to Grantee that, as of the Effective Date:

1. Authority – Grantor has obtained all requisite internal and third-party approvals.
2. No Litigation – No pending or threatened action adversely affects the Property.
3. Compliance – The Property complies with all recorded covenants, zoning, and governmental requirements, except as disclosed in Schedule 1.
4. Foreign Investment – Grantor is/ is not a “foreign person” within the meaning of 26 U.S.C. § 1445(f). (Check one and attach FIRPTA affidavit if applicable).

IV. COVENANTS & RESTRICTIONS

1. Permitted Encumbrances.
   a. Real property taxes not yet due and payable.
   b. Easements, rights-of-way, and restrictions of record as of the Effective Date.
   c. [ADD OTHERS, IF ANY].

2. Use Covenant. Grantor and Grantee shall comply with all applicable environmental, zoning, and land-use laws.

3. Notice & Cure. Before alleging breach of any covenant, the non-breaching party shall give written notice and a 30-day cure period.

V. RISK ALLOCATION

1. Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee for losses arising from any breach of the warranty covenants, capped at the amount of Consideration Paid.
2. Limitation of Liability. Except for intentional misconduct or fraud, Grantor’s aggregate liability shall not exceed the Consideration Paid.
3. Casualty & Condemnation Pre-Recording. If, prior to recording, the Property is materially damaged or condemned, Grantee may (a) terminate this Deed and recover all consideration paid, or (b) proceed and receive any and all condemnation or insurance proceeds.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Breach of any representation, warranty, or covenant that materially impairs title.
   b. Failure to provide required documentation for recording within ten (10) days of written demand.

2. Remedies.
   a. Specific performance.
   b. Reformation or correction deed.
   c. Damages up to the Consideration Paid, plus reasonable attorney fees, court costs, and recording expenses.
   d. Quiet title or replevin actions, as applicable.

VII. GOVERNING LAW; DISPUTE RESOLUTION

1. Governing Law. This Deed shall be governed by and construed in accordance with the real property laws of the State of South Carolina, without regard to conflict-of-laws principles.

2. Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in ____ County, South Carolina.

3. Arbitration & Jury Trial. Arbitration is expressly excluded, and the parties do not waive their right to a jury trial.

4. Injunctive Relief. Nothing herein shall limit either party’s right to seek injunctive or equitable relief, including but not limited to an action to quiet title.

VIII. GENERAL PROVISIONS

1. Entire Agreement. This Deed constitutes the entire agreement between the parties as to the conveyance of the Property.

2. Amendment & Waiver. No amendment or waiver shall be effective unless in a writing executed with the same formalities as this Deed and recorded where required.

3. Successors & Assigns. The covenants herein run with the land and bind and inure to the benefit of the parties, their heirs, successors, and assigns.

4. Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

5. Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically shall be deemed originals for all purposes.

IX. EXECUTION & NOTARIAL ACKNOWLEDGMENT

IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed under seal as of the ___ day of ____, 20__ (“Effective Date”).

SIGNATURE BLOCK

WITNESS ATTESTATION

1. _________ (Witness #1)
2. _________ (Witness #2)
   [// GUIDANCE: South Carolina requires two witnesses, one of whom may be the notary.]

NOTARY ACKNOWLEDGMENT (South Carolina)

State of South Carolina )
County of _______ )

The foregoing instrument was acknowledged before me this ___ day of _, 20_, by ____ [Name of Grantor], who is personally known to me or has produced ________ as identification and who did/did not take an oath.

Notary Public for South Carolina
My Commission Expires: ____

(Notary Seal)

EXHIBIT “A” – LEGAL DESCRIPTION

[Insert full metes‐and‐bounds or lot and block description.]

[// GUIDANCE:
1. File the completed deed (original ink) with the Register of Deeds in the county where the Property is located.
2. Submit any required Affidavit of True Consideration or exemption form.
3. Remit recording fee and documentary stamps at filing.
4. Record promptly to perfect title; unrecorded deeds are valid between the parties but not against subsequent purchasers without notice.
5. Verify additional county requirements (margins, font size, paper weight, e-recording availability).]