QUITCLAIM DEED
(Delaware ā Fee Simple Transfer)
[// GUIDANCE: This template is intentionally comprehensive to allow counsel to remove sections that are not required for a simple, single-parcel conveyance while still satisfying Delawareās recording, acknowledgment, and transfer-tax rules.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (with Delaware Notarial Certificate)
1. DOCUMENT HEADER
Return To:
[NAME & FIRM]
[STREET]
[CITY, STATE ZIP]Prepared By:
[NAME & FIRM]Parcel/Tax Map No.: [PARCEL_ID]
Recording District: [COUNTY] County, Delaware
QUITCLAIM DEED
This Quitclaim Deed (this āDeedā) is made as of [EFFECTIVE_DATE] (the āEffective Dateā) by and between:
[GRANTOR LEGAL NAME], a [ENTITY TYPE & JURISDICTION] having an address at [ADDRESS] (āGrantorā),
and
[GRANTEE LEGAL NAME], a [ENTITY TYPE & JURISDICTION] having an address at [ADDRESS] (āGranteeā).
RECITALS
A. Grantor is the sole record owner of the real property described in Exhibit A attached hereto and incorporated herein by reference (the āPropertyā).
B. Grantor desires to convey to Grantee all of Grantorās right, title, and interest in and to the Property, and Grantee desires to accept such conveyance, upon the terms and conditions set forth herein.
C. The consideration for this conveyance is Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
2. DEFINITIONS
For purposes of this Deed, the following capitalized terms shall have the meanings indicated below:
āApplicable Lawā means all federal, state, and local laws, statutes, regulations, and ordinances of the State of Delaware governing the conveyance, recording, and taxation of interests in real property as in effect on the Effective Date.
āDeedā has the meaning set forth in the preamble.
āEffective Dateā has the meaning set forth in the Document Header.
āGranteeā has the meaning set forth in the Document Header and includes Granteeās successors and assigns.
āGrantorā has the meaning set forth in the Document Header and includes Grantorās successors and assigns.
āPropertyā has the meaning set forth in Recital A.
āRecorderā means the Office of the Recorder of Deeds for the County in which the Property is located.
āTransfer Taxā means the realty transfer tax imposed under Applicable Law in connection with the conveyance of the Property.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Subject to the terms and conditions of this Deed, Grantor hereby remise, release, and forever quitclaim unto Grantee, and Grantee hereby accepts, all right, title, interest, claim, and demand that Grantor has in and to the Property, together with all appurtenances, privileges, and hereditaments thereunto belonging.
3.2 Consideration. The conveyance is made for the consideration recited in Recital C. No additional monetary consideration shall be deemed to create any warranty of title or covenant running with the land.
3.3 Transfer Taxes. Grantor and Grantee shall be responsible for the Transfer Tax in the proportions required by Applicable Law, unless otherwise mutually agreed in writing. The Recorder is authorized to affix documentary stamps to this Deed in the amount shown on the accompanying Realty Transfer Tax Form.
3.4 Conditions Precedent. Delivery of this Deed is conditioned upon (a) payment of all required Transfer Tax and recording fees, and (b) submission of all Delawareārequired affidavits, including any exemption affidavits, with the Recorder.
3.5 Permitted Exceptions. The conveyance is made āAS IS, WHERE IS, WITH ALL FAULTSā and is expressly subject to (i) all covenants, conditions, restrictions, easements, and encumbrances of record as of the Effective Date; (ii) all matters that would be revealed by a current and accurate survey or physical inspection of the Property; and (iii) all Applicable Law.
4. REPRESENTATIONS & WARRANTIES
4.1 Limited Grantor Representation. Grantor represents solely that it has not executed any instrument that would directly and specifically convey the same interest in the Property to any other party.
4.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4.1, GRANTOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER.
4.3 Survival. The limited representation in Section 4.1 shall survive the recording of this Deed for a period of [SURVIVAL_PERIOD, e.g., 12 months], after which it shall automatically terminate.
5. COVENANTS & RESTRICTIONS
5.1 Grantor Cooperation. Grantor shall, at Granteeās sole cost and expense, execute such additional instruments and take such further actions as Grantee may reasonably request to perfect Granteeās record ownership, provided such actions impose no additional liability on Grantor.
5.2 Use Restrictions. None imposed by Grantor under this Deed. Any existing use restrictions of record remain in full force and effect.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Grantor Default: Any material breach of Section 4.1.
(b) Grantee Default: Failure to pay Transfer Tax or recording costs allocated to Grantee.
6.2 Notice & Cure. The non-defaulting party shall give written notice describing the default in reasonable detail. The defaulting party shall have [30] days to cure after receipt of such notice.
6.3 Remedies.
(a) Specific Performance and injunctive relief shall be limited to enforcing Section 6.2 obligations (payment, cooperation with recording).
(b) Monetary damages are limited to actual out-of-pocket costs directly attributable to the default, capped at the Consideration amount.
(c) NO CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES SHALL BE RECOVERABLE.
[// GUIDANCE: Quitclaim deeds typically contain no default remedies; these are included for risk allocation where consideration is more than nominal.]
7. RISK ALLOCATION
7.1 Indemnification. None. Each party shall bear its own liabilities arising from or relating to this Deed, except as expressly provided herein.
7.2 Limitation of Liability. Grantorās total liability under this Deed shall not exceed the Consideration actually received by Grantor.
7.3 Force Majeure. No party shall be liable for delays in recording or performance caused by events beyond its reasonable control, including Recorder office closure, governmental action, or natural disaster.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws rules.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in the County where the Property is situated.
8.3 Arbitration. Excluded. No dispute shall be submitted to arbitration.
8.4 Jury Trial Waiver. Excluded. The parties do not waive their right to a jury trial.
8.5 Injunctive Relief. Equitable relief shall be available only to enforce Sections 3.3, 3.4, 5.1, and 6.3(a).
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver shall be valid unless in writing and executed by the party against whom enforcement is sought.
9.2 Assignment. Grantee may assign its rights under this Deed only by a recorded instrument; Grantor may not assign absent Granteeās written consent.
9.3 Successors & Assigns. This Deed shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
9.4 Severability. If any provision of this Deed is held invalid under Applicable Law, the remaining provisions shall remain in full force, and the Deed shall be reformed to effectuate the partiesā intent.
9.5 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures delivered by facsimile, PDF, or compliant e-signature platform shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has executed this Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [OFFICER TITLE]
[Seal, if entity uses.]
GRANTEE: (execution optionalāDelaware law does not require Grantee signature for validity, but many title companies request it)
[GRANTEE LEGAL NAME]
By: _______
Name: [AUTHORIZED SIGNATORY]
Title: [OFFICER TITLE]
DELAWARE NOTARIAL ACKNOWLEDGMENT ā GRANTOR
State of Delaware )
: ss.
County of ____ )
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [AUTHORIZED SIGNATORY], who acknowledged himself/herself to be the [TITLE] of [GRANTOR LEGAL NAME], a [ENTITY TYPE], and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of said entity by himself/herself as such officer.
Witness my hand and official seal.
Notary Public
My Commission Expires: ____
[// GUIDANCE: If multiple signatories or entities, duplicate the acknowledgment block as needed. Delaware will also accept acknowledgments taken outside the state if compliant with 29 Del. C. § 4327.]
EXHIBIT A
(LEGAL DESCRIPTION OF PROPERTY)
[Insert metes and bounds, lot and block, or other full legal description, together with any reference to recorded plats or surveys.]
EXHIBIT B
(REALTY TRANSFER TAX FORM ā Form RTT-1 or successor)
[Attach completed Delaware form or provide filing placeholder.]
[// GUIDANCE: Delaware requires that Form RTT-1 (or its successor) accompany the deed for recording, together with payment of the state and county portions of the transfer tax unless an exemption applies.]
End of Document