GENERAL WARRANTY DEED
(State of Texas)
[// GUIDANCE: This template is drafted to comply with Texas law, including Tex. Prop. Code § 5.022, and incorporates all metadata instructions provided. Customize every bracketed field, delete inapplicable options, and have local counsel review prior to execution and recording.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Acknowledgment
I. DOCUMENT HEADER
THIS GENERAL WARRANTY DEED (this “Deed”) is executed as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
-
Grantor:
[GRANTOR NAME], a [Texas/ other state] [individual/corporation/limited liability company/partnership] whose mailing address is [GRANTOR ADDRESS] (“Grantor”); and -
Grantee:
[GRANTEE NAME], a [Texas/ other state] [individual/corporation/limited liability company/partnership] whose mailing address is [GRANTEE ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the fee-simple owner of the real property described in Exhibit A attached hereto (the “Property”).
B. Grantor desires to convey the Property to Grantee for the consideration and on the terms set forth herein.
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration (collectively, the “Consideration”), the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, SELL, and CONVEY unto Grantee the Property, together with all improvements thereon and all rights and appurtenances pertaining thereto, subject to the terms and conditions below.
II. DEFINITIONS
The following terms, when capitalized, have the meanings set forth below:
- “Consideration” has the meaning given in the Document Header.
- “County Recording Office” means the Office of the County Clerk of [COUNTY] County, Texas, or such other county in which the Property is situated.
- “Permitted Encumbrances” means (a) lien(s) for current Taxes not yet delinquent, (b) matters of record expressly listed in Exhibit B, and (c) visible and apparent easements or rights-of-way affecting the Property as of the Effective Date.
- “Property” has the meaning given in the Recitals.
- “Warranty Covenants” means the covenants set forth in Section IV below.
III. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor hereby conveys the Property to Grantee in fee simple, together with all improvements, hereditaments, and appurtenances, TO HAVE AND TO HOLD the same unto Grantee, Grantee’s heirs, legal representatives, successors, and assigns forever, subject only to the Permitted Encumbrances.
3.2 Consideration & Documentary Compliance.
(a) Grantor acknowledges receipt of the Consideration.
(b) Texas does not impose a state transfer tax or deed stamp. Grantee shall pay (i) the statutory recording fee prescribed by Tex. Loc. Gov’t Code Ch. 118 and (ii) any supplemental county-level filing surcharges.
3.3 Conditions Subsequent. If any transfer tax or recording surcharge is hereafter imposed retroactively on this conveyance, Grantee may either (i) pay such amount and seek reimbursement from Grantor up to the cap in Section VII.2, or (ii) rescind this Deed upon written notice to Grantor within 30 days after imposition.
IV. REPRESENTATIONS & WARRANTIES
Grantor represents, warrants, and covenants to Grantee that, as of the Effective Date:
4.1 Seisin. Grantor is lawfully seized of the Property in fee simple.
4.2 Right to Convey. Grantor has full power and lawful authority to convey the Property.
4.3 No Encumbrances. The Property is free from all encumbrances other than the Permitted Encumbrances.
4.4 Quiet Enjoyment & Defense of Title. Grantor will warrant and forever defend title to the Property, subject to the Permitted Encumbrances, against the lawful claims of all persons.
[// GUIDANCE: The foregoing are the “statutory warranty covenants” under Tex. Prop. Code § 5.022. Do not delete unless intentionally limiting warranty.]
4.5 Survival. The Warranty Covenants survive delivery of this Deed and are not merged into it.
V. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s request and expense, execute such additional instruments as may reasonably be required to perfect title in Grantee.
5.2 Compliance with Law. Grantee shall comply with all applicable zoning, environmental, and land-use laws affecting the Property after the Effective Date.
VI. DEFAULT & REMEDIES
6.1 Breach of Warranty Covenants.
(a) Notice. Grantee shall notify Grantor in writing within 30 days after discovering any breach.
(b) Cure Period. Grantor has 60 days after receipt of notice to cure the breach.
(c) Remedies. If uncured, Grantee may (i) bring an action to quiet title, (ii) recover direct damages subject to Section VII.2, and/or (iii) pursue equitable relief.
6.2 Attorneys’ Fees. The prevailing party in any action arising out of this Deed is entitled to recover reasonable attorneys’ fees and court costs.
VII. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against all claims, losses, or liabilities arising from a breach of the Warranty Covenants, subject to the liability cap in Section VII.2.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid.
7.3 No Consequential Damages. Neither party is liable for consequential, special, or punitive damages.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the real estate laws of the State of Texas without regard to conflict-of-laws principles.
8.2 Forum Selection. Any action arising hereunder shall be filed exclusively in a state court of competent jurisdiction in [COUNTY] County, Texas.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. No jury waiver is included; each party retains its right to trial by jury.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive relief, including but not limited to an action to quiet title.
IX. GENERAL PROVISIONS
9.1 Entire Agreement; Merger. This Deed constitutes the entire agreement between the parties concerning the conveyance of the Property and supersedes all prior agreements.
9.2 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought.
9.3 Assignment. This Deed binds and benefits the parties and their respective heirs, successors, and assigns. Grantor may not assign its obligations without Grantee’s prior written consent.
9.4 Severability. If any provision of this Deed is held unenforceable, the remainder will remain in full force, and the offending provision will be reformed to the minimum extent necessary to render it enforceable.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered via PDF, facsimile, or electronic signature platform are binding for all purposes.
9.6 Recording. Immediately after execution, Grantee shall cause this Deed (and all exhibits) to be recorded in the County Recording Office.
[// GUIDANCE: Insert the applicable e-recording tracking information here, if known.]
X. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this General Warranty Deed effective as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
By: _____
Name: _____
Title: _________
GRANTEE:
[GRANTEE NAME]
By: _____
Name: _____
Title: _________
TEXAS NOTARIAL ACKNOWLEDGMENT – INDIVIDUAL
State of Texas §
County of ______§
This instrument was acknowledged before me on _, 20, by [GRANTOR NAME], [and by spouse, if applicable].
Notary Public, State of Texas
My commission expires: ______
TEXAS NOTARIAL ACKNOWLEDGMENT – CORPORATE / LLC
State of Texas §
County of ______§
This instrument was acknowledged before me on _, 20, by ______, [Title] of [Entity Name], a [state] [corporation/limited liability company], on behalf of said entity.
Notary Public, State of Texas
My commission expires: ______
EXHIBIT A
(LEGAL DESCRIPTION OF THE PROPERTY)
[Insert metes-and-bounds description, lot and block, or other legal description.]
EXHIBIT B
(PERMITTED ENCUMBRANCES)
[List specific easements, covenants, reservations, and other matters of record that will remain on title.]
[// GUIDANCE: Verify that the legal description in Exhibit A matches most recent survey or title commitment; update Exhibit B based on Schedule B-2 of the title commitment. Remove any bracketed guidance prior to final execution.]