QUITCLAIM DEED
State of Colorado
[// GUIDANCE: This template is drafted to satisfy Colorado statutory form requirements (see, e.g., Colo. Rev. Stat. § 38-30-113 (2023)), county-level recording standards, and documentary fee obligations (Colo. Rev. Stat. § 39-13-102 (2023)). Bracketed items must be customized prior to execution and recording.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Notarial Acknowledgment (Colorado Short Form)
- Recording & Transfer Tax Cover Sheet
1. DOCUMENT HEADER
QUITCLAIM DEED (Colorado)
This Quitclaim Deed (this “Deed”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [GRANTOR NAME], a [TYPE OF ENTITY / INDIVIDUAL] organized under the laws of [STATE], whose mailing address is [ADDRESS] (“Grantor”); and
- [GRANTEE NAME], a [TYPE OF ENTITY / INDIVIDUAL] organized under the laws of [STATE], whose mailing address for property-tax notices is [ADDRESS] (“Grantee”).
Recitals
A. Grantor is the owner of the real property described in Exhibit A attached hereto (the “Property”).
B. Grantor desires to convey all of Grantor’s right, title, and interest in and to the Property to Grantee, and Grantee desires to accept such conveyance, upon the terms set forth herein.
C. The consideration for this conveyance is [WRITTEN DOLLAR AMOUNT] U.S. Dollars ($[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (collectively, the “Consideration”).
2. DEFINITIONS
For ease of reference, capitalized terms used but not defined elsewhere have the meanings set forth below.
“County Clerk” means the Clerk and Recorder of [COUNTY] County, Colorado.
“Documentary Fee” means the fee imposed under Colo. Rev. Stat. § 39-13-102.
“Effective Date” has the meaning given in § 1.
“Property” has the meaning given in Recital A.
3. OPERATIVE PROVISIONS
3.1 Grant. Subject to the terms of this Deed and in consideration of the Consideration, Grantor hereby quitclaims, sells, and conveys unto Grantee, without covenant or warranty of any kind, express or implied, all of Grantor’s right, title, and interest in and to the Property, together with all tenements, hereditaments, and appurtenances thereunto belonging, TO HAVE AND TO HOLD the same unto Grantee forever.
3.2 Water, Mineral, and Other Rights.
(a) Water Rights. Grantor [does / does not] convey any water rights associated with or appurtenant to the Property.
(b) Mineral Rights. Grantor [does / does not] convey any mineral, oil, gas, or other subsurface rights.
[// GUIDANCE: Colorado practice favors expressly addressing water and mineral rights rather than relying on the presumption that they follow the surface estate.]
3.3 Reservation of Rights. Grantor reserves no reversionary rights or easements except as expressly set forth in Exhibit B (if any).
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor represents that it has full right, power, and authority to execute and deliver this Deed.
4.2 No Other Warranties. EXCEPT AS SET FORTH IN § 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TITLE TO THE PROPERTY OR ITS CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED AND WAIVED BY GRANTEE.
4.3 Survival. The representations contained in this § 4 survive the delivery and recording of this Deed.
5. COVENANTS & RESTRICTIONS
[Reserved – No affirmative or negative covenants are imposed by this Deed.]
6. DEFAULT & REMEDIES
[Reserved – A quitclaim deed, once delivered and accepted, is generally irrevocable; traditional contract “default” concepts are inapplicable.]
7. RISK ALLOCATION
7.1 Indemnification. [Intentionally omitted per metadata instructions.]
7.2 Liability Cap / No Warranties. The parties acknowledge and agree that Grantor’s liability is expressly limited to the Consideration actually received and that Grantor provides the conveyance “AS IS, WHERE IS, WITH ALL FAULTS.”
7.3 Injunctive Relief. Nothing herein precludes either party from seeking a temporary restraining order or preliminary injunction to preserve the status quo regarding possession or waste of the Property pending resolution in accordance with § 8.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute relating hereto are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.
8.2 Forum Selection. The District Court for [COUNTY] County, Colorado (or, if jurisdictionally unavailable, the Colorado state courts sitting in Denver County) has exclusive jurisdiction over any action arising out of or relating to this Deed.
8.3 Arbitration; Jury Trial. Arbitration is excluded, and each party retains all rights to a bench or jury trial as provided by law.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior or contemporaneous agreements, understandings, and representations, oral or written.
9.2 Amendments. Any amendment to this Deed must be in a writing signed by Grantor and Grantee and recorded in the real-property records of the County Clerk.
9.3 Severability. If any provision of this Deed is held invalid or unenforceable, the remaining provisions remain valid and enforceable to the fullest extent permitted by law.
9.4 Successors and Assigns. This Deed is binding upon and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.
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 transmitted by electronic means (including PDF and facsimile) are deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
By: __________
Name: [PRINTED NAME]
Title: [IF APPLICABLE]
GRANTEE:
[GRANTEE NAME]
By: __________
Name: [PRINTED NAME]
Title: [IF APPLICABLE]
11. NOTARIAL ACKNOWLEDGMENT
(Colorado Short Form – Individual)
State of Colorado )
: ss.
County of [COUNTY] )
The foregoing instrument was acknowledged before me on [DATE] by [NAME(S) OF PERSON(S)].
Witness my hand and official seal.
Notary Public
My commission expires: _____
[// GUIDANCE: If Grantor/Grantee is an entity, substitute the Colorado short-form acknowledgment for corporations/LLCs. Colorado no longer requires a separate witness signature.]
12. RECORDING & TRANSFER TAX COVER SHEET
Return to: [NAME & ADDRESS FOR RECORDING RETURN]
Prepared by: [DRAFTER NAME & BAR NO. (IF ATTORNEY)]
Documentary Fee Calculation (Colo. Rev. Stat. § 39-13-102):
• Total Consideration: $ _
• Less $500 statutory exclusion: – $ 500
• Taxable Amount: $ _
• Rate: $0.01 per $100 or fraction thereof
• Documentary Fee Due: $ __
[// GUIDANCE: Many Colorado counties require the grantee’s address on the first page and a 2"-top margin for recording. Confirm local formatting rules (font size ≥ 10 pt; margins ≥ 1").]
EXHIBIT A
(Legal Description of Property)
EXHIBIT B
(Reserved Rights, Easements, or Other Encumbrances, if any)
[// GUIDANCE: Prior to recording, attach (i) a completed Real Property Transfer Declaration (TD-1000) unless an exemption applies, and (ii) any separate water rights addendum required by the county. Confirm documentary fee payment method accepted by the County Clerk (check, cashier’s check, or electronic).]