Warranty Deed

GENERAL WARRANTY DEED

(Tennessee – Court-Ready Template)

Table of Contents

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties (Statutory Warranty Covenants)
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Statutory Acknowledgment (Tenn. Code Ann. § 66-22-101)
XII. Recording & Transfer-Tax Certifications

I. DOCUMENT HEADER

THIS GENERAL WARRANTY DEED (“Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], with an address of [ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], with an address of [ADDRESS] (“Grantee”).

RECITALS
A. Grantor is the fee-simple owner of certain real property situated in the State of Tennessee, County of [COUNTY], more particularly described below.
B. Grantee has paid and Grantor has received the consideration set forth herein for the conveyance of such real property together with all appurtenant rights.

NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, bargain, sell, convey, alien, remise, release, and WARRANT GENERAL TITLE to Grantee as follows.

II. DEFINITIONS

For purposes of this Deed, capitalized terms have the meanings set forth below:

“Deed” – This General Warranty Deed, together with all schedules and exhibits, as the same may be corrected pursuant to Section IX.D.
“Land” – The real property described in Exhibit A, together with all improvements, hereditaments, appurtenances, and interests thereon or thereunder.
“Recording Office” – The Office of the Register of Deeds for [COUNTY] County, Tennessee.
“Warranty Covenants” – The covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty forever, and further assurances as codified at Tenn. Code Ann. § 66-5-103 and as supplemented herein.

III. OPERATIVE PROVISIONS

1. Conveyance. Grantor hereby conveys and warrants the Land unto Grantee in fee simple absolute.
2. Consideration. The consideration for this conveyance is [TOTAL CONSIDERATION IN WORDS] Dollars ($[AMOUNT]) (the “Consideration”).
3. Habendum. TO HAVE AND TO HOLD the Land hereby conveyed, together with all improvements and appurtenances, unto Grantee, Grantee’s heirs, successors, and assigns forever.
4. Legal Description. The Land is more particularly described on Exhibit A attached hereto and incorporated herein by reference.
5. Title Insurance. [Optional] Grantor shall cooperate with Grantee’s efforts to obtain an ALTA owner’s policy of title insurance as of the Effective Date.

IV. REPRESENTATIONS & WARRANTIES (STATUTORY WARRANTY COVENANTS)

1. Statutory Covenants. Grantor hereby makes the Warranty Covenants to Grantee as provided under Tenn. Code Ann. § 66-5-103, namely:
   a. Seisin and Right to Convey;
   b. Freedom from Encumbrances except Permitted Exceptions (defined below);
   c. Quiet Enjoyment and Defense of Title; and
   d. Further Assurances.

2. Permitted Exceptions. The Warranty Covenants are subject only to:
   a. Real property taxes not yet due and payable;
   b. Matters expressly assumed or approved in writing by Grantee;
   c. Easements, covenants, and restrictions of record that do not materially impair present use of the Land (collectively, “Permitted Exceptions”).

3. Survival. The Warranty Covenants shall survive delivery and recording of this Deed and shall run with the Land.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants. Grantor covenants to:
   a. Execute any further instruments reasonably requested by Grantee to perfect title;
   b. Deliver originals of all unrecorded instruments affecting the Land.

2. Negative Covenant. Grantor shall not convey, encumber, or otherwise alter title to the Land following the Effective Date.

3. Notice and Cure. Upon written notice of any breach of the Warranty Covenants, Grantor shall have thirty (30) days to cure such breach before Grantee may exercise remedies, unless earlier relief is required to preserve title.

VI. DEFAULT & REMEDIES

1. Events of Default. Breach of any Warranty Covenant or affirmative/negative covenant herein constitutes a default.

2. Remedies. Upon default, Grantee may pursue:
   a. Specific performance or quiet-title action;
   b. Monetary damages capped pursuant to Section VII.B.;
   c. Reimbursement of reasonable attorneys’ fees and court costs.

3. Cumulative Rights. Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

A. Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from any loss, cost, claim, or expense (including reasonable attorneys’ fees) arising from a breach of the Warranty Covenants.
B. Limitation of Liability. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually received by Grantor, except in the event of willful misconduct or fraud.
C. Force Majeure. No party shall be liable for delays or failures to perform caused by events beyond such party’s reasonable control, except obligations to pay money.

VIII. DISPUTE RESOLUTION

A. Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts-of-law principles.
B. Forum Selection. The state courts located in [COUNTY] County, Tennessee shall have exclusive jurisdiction over any action arising out of or relating to this Deed.
C. Arbitration. The parties expressly opt out of arbitration.
D. Jury Waiver. [Intentionally Omitted per instructions.]
E. Injunctive Relief. Nothing herein shall limit Grantee’s right to seek injunctive or equitable relief, including an action to quiet title.

IX. GENERAL PROVISIONS

A. Entire Agreement. This Deed constitutes the entire agreement of the parties with respect to the conveyance of the Land.
B. Successors and Assigns. This Deed shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
C. Severability. If any provision is determined invalid, the remainder shall remain in full force and effect.
D. Correction of Errors. The parties authorize the Recording Office to correct minor clerical errors pursuant to written instruction signed by both parties.
E. Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Grantor has executed this Deed under seal as of the Effective Date.

GRANTOR:
_________________________________________
[GRANTOR NAME]
Title (if entity): _________________________

GRANTEE (signing to acknowledge acceptance of Warranty Covenants and notice requirements only):
_________________________________________
[GRANTEE NAME]
Title (if entity): _________________________

XI. STATUTORY ACKNOWLEDGMENT

(Tenn. Code Ann. § 66-22-101 compliant)

State of Tennessee )
County of ____________ )

On this ____ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [GRANTOR NAME], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

Witness my hand and official seal.

_________________________________________
Notary Public
My Commission Expires: _________________

[Seal]

XII. RECORDING & TRANSFER-TAX CERTIFICATIONS

1. Preparation Statement (Tenn. Code Ann. § 66-24-115):
   “This instrument was prepared by [NAME], [ADDRESS], [PHONE/E-MAIL].”

2. Address for Property Tax Bills (Tenn. Code Ann. § 66-24-115(b)(3)):
   Send subsequent tax bills to:
   [GRANTEE NAME & MAILING ADDRESS]

3. Statement of Consideration (Tenn. Code Ann. § 67-4-409(b)(3)(A)):
   I/we hereby swear or affirm that the actual consideration for this transfer, or the value of the property transferred, whichever is greater, is $[AMOUNT].

_________________________________________
Affiant (Grantor or preparer)

4. Transfer- & Recordation-Tax Calculation:
   • Real Estate Transfer Tax: $0.37 per $100 of the greater of consideration or value.
   • Recordation Tax stamp(s) to be affixed by the Register of Deeds at recording.

Exhibit A

LEGAL DESCRIPTION OF LAND

[INSERT FULL LEGAL DESCRIPTION HERE]

[Tax Map/Parcel No.: ___________]

END OF DOCUMENT