GENERAL WARRANTY DEED
State of Wisconsin
[// GUIDANCE: Top-of-Page Recording Area – Reserve a 3" × 3" blank space in the upper-right corner of page 1 to satisfy Wis. Stat. § 59.43(2m)(a).]
Return Address: [PLACEHOLDER – Name & Full Mailing Address]
Parcel Identification Number (PIN): [PLACEHOLDER]
Mail Tax Statements To: [GRANTEE NAME & ADDRESS]
Prepared By (Wis. Stat. § 706.05(2)(a)): [PLACEHOLDER – Name, State Bar No. _]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
Exhibit A Legal Description
1. DOCUMENT HEADER
This General Warranty Deed (“Deed”) is made as of [EFFECTIVE DATE] (“Effective Date”) between:
• Grantor: [GRANTOR FULL LEGAL NAME], a [STATE] [ENTITY TYPE/SOLE PROPRIETOR/INDIVIDUAL], whose mailing address is [ADDRESS].
• Grantee: [GRANTEE FULL LEGAL NAME], a [STATE] [ENTITY TYPE/INDIVIDUAL], whose mailing address is [ADDRESS].
Witnesseth, that in consideration of the sum of [CONSIDERATION AMOUNT (spelled-out)] dollars ($[NUMERALS]) and other good and valuable consideration (the “Purchase Price”), the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, CONVEY, and WARRANT to Grantee, in fee simple absolute, the Property (as defined below), subject only to the Permitted Encumbrances and the terms set forth herein.
[// GUIDANCE: Insert marital status recital if Grantor is an individual and homestead rights may apply (Wis. Stat. § 706.02(1)(f)). Example — “Being married, but executing this Deed in compliance with Wis. Stat. § 706.02(1)(f), Grantor’s spouse [NAME] joins solely to release any marital property or homestead rights.”]
2. DEFINITIONS
For purposes of this Deed, capitalized terms have the meanings set forth below:
“Affiliate” means any entity controlling, controlled by, or under common control with the referenced party.
“Indemnified Party” has the meaning given in Section 7.1.
“Permitted Encumbrances” means:
a. Real estate taxes and assessments not yet delinquent;
b. Easements, restrictions, and covenants of record that do not materially impair the present use of the Property;
c. [ADDITIONAL AGREED-UPON ITEMS].
“Property” means the real property located in [COUNTY] County, Wisconsin, more fully described in Exhibit A, together with all improvements, hereditaments, appurtenances, and after-acquired title.
“Warranty Covenants” has the meaning given in Section 4.2.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor, for the consideration stated above, hereby conveys the Property to Grantee, TO HAVE AND TO HOLD the same, together with all rights, privileges, and appurtenances thereunto belonging, unto Grantee and Grantee’s heirs, personal representatives, successors, and assigns forever.
3.2 Consideration & Transfer Fee Compliance. Pursuant to Wis. Stat. § 77.22, a Wisconsin Real Estate Transfer Return (eRETR) shall be filed electronically, and the transfer fee, calculated on the Purchase Price, shall be paid upon recording unless an exemption under Wis. Stat. § 77.25 applies.
[PLACEHOLDER – eRETR Confirmation No.: _]
[PLACEHOLDER – Exemption Code, if any: _]
3.3 Conditions Precedent. Delivery of this Deed is conditioned upon (i) full payment of the Purchase Price, and (ii) compliance with any documentary or transfer tax requirements imposed by applicable law.
3.4 Possession. Possession shall be delivered to Grantee on [DATE/TIME] free of any occupants or tenants except as expressly disclosed in writing by Grantor.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s General Representations. Grantor represents that, as of the Effective Date:
a. Grantor holds indefeasible fee simple title to the Property;
b. Grantor has full authority to convey the Property;
c. No agreements exist that would adversely affect title other than the Permitted Encumbrances; and
d. Grantor is not a “foreign person” as defined in 26 U.S.C. § 1445.
4.2 Warranty Covenants. Grantor covenants with Grantee that Grantor:
a. Is lawfully seised of the estate conveyed;
b. Has good right to convey the same;
c. Will defend the title against the lawful claims of all persons;
d. Guarantees that the Property is free from all encumbrances except the Permitted Encumbrances; and
e. Will perform any further acts reasonably necessary to vest title in Grantee.
4.3 Survival. The Warranty Covenants and Grantor’s representations survive delivery of this Deed and run with the land.
5. COVENANTS & RESTRICTIONS
5.1 Negative Covenant. Grantor shall not, after the Effective Date, execute any instrument encumbering the Property.
5.2 Affirmative Covenant. Grantor shall cooperate with Grantee, at Grantee’s expense, in perfecting record title, including executing curative documents reasonably requested by Grantee or the title company.
6. DEFAULT & REMEDIES
6.1 Event of Breach. Any inaccuracy in a Warranty Covenant constitutes a breach.
6.2 Notice & Cure. Grantee shall give Grantor written notice of any breach within 30 days after discovery and afford Grantor 30 days to cure or commence diligent cure.
6.3 Remedies. If uncured, Grantee may (i) demand specific performance, (ii) recover damages not exceeding the Purchase Price (see Section 7.2), and/or (iii) pursue quiet-title or reformation relief. Attorney fees shall be recoverable by the prevailing party.
7. RISK ALLOCATION
7.1 Indemnification. Grantor (“Indemnifying Party”) shall indemnify, defend, and hold harmless Grantee and Grantee’s successors (“Indemnified Party”) from any loss, cost, or expense (including reasonable attorney fees) arising out of a breach of the Warranty Covenants.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Purchase Price actually paid, exclusive of interest and attorney fees awarded under Section 6.3.
7.3 Force Majeure. No party shall be liable for delays caused by force majeure events beyond its reasonable control; however, payment and recording obligations are not excused.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the laws of the State of Wisconsin without regard to conflict-of-laws principles.
8.2 Forum Selection. Any action arising out of or relating to this Deed shall be commenced exclusively in the state courts sitting in the county where the Property is located.
8.3 Arbitration & Jury Trial. Arbitration is expressly excluded, and the parties do not waive the right to a jury trial.
8.4 Injunctive Relief. Nothing herein limits Grantee’s right to seek injunctive or equitable relief, including but not limited to an action to quiet title.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the conveyance of the Property.
9.2 Amendment & Waiver. No modification or waiver is effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Successors & Assigns. This Deed binds and inures to the benefit of the parties and their respective successors and assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means are effective and intended to authenticate this Deed under Wis. Stat. ch. 137.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, the parties have executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
By: ______
Name: [PRINTED NAME]
Title/Capacity: [IF APPLICABLE]
GRANTEE:
[GRANTEE NAME]
By: ______
Name: [PRINTED NAME]
Title/Capacity: [IF APPLICABLE]
[// GUIDANCE: Spousal Joinder – Include the following signature block if homestead property or if Grantor is married.]
Spouse of Grantor:
[NAME], joining solely to release any marital property or homestead rights.
WISCONSIN ACKNOWLEDGMENT (Individual)
State of Wisconsin )
County of ____ ) ss.
On this ___ day of _, 20_, before me, the undersigned notary public, personally appeared ______ (“Signatory”), to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.
(SEAL)
Notary Public, State of Wisconsin
My commission (is permanent)(expires ____)
[// GUIDANCE: Use corporate or LLC acknowledgment form if an entity is signing. Wis. Stat. § 706.07 provides optional short-form certificates.]
RECORDING INFORMATION (to be completed by Register of Deeds)
Document No.: __
Date Recorded: _
Fee Paid: $___
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[PLACEHOLDER – Insert full metes-and-bounds, plat, or condominium description exactly as it appears in prior conveyance; include any easement language.]
[// GUIDANCE: Practical Checklist Before Recording
1. Confirm accurate legal description & PIN.
2. Verify signature formalities: correct capacity, witnesses if required by lender.
3. Electronically file eRETR and pay transfer fee or claim exemption.
4. Attach Exhibit A and any schedules referenced.
5. Provide original executed Deed to the Register of Deeds in the county where the Property is located, together with the recording fee and eRETR receipt.]