QUITCLAIM DEED
(GEORGIA)
[// GUIDANCE: This template is drafted to satisfy core Georgia deed-recording requirements, including witness/notary formalities, transfer-tax disclosures, and formatting conventions commonly accepted by Georgia Superior Court Clerks. Verify any county-specific margin, font, or e-recording standards before final execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits
1. DOCUMENT HEADER
Prepared By: [DRAFTING ATTORNEY NAME, GA BAR NO. _]
Return To: [NAME & ADDRESS FOR RETURN OF RECORDED DEED]
Tax Mail To: [GRANTEE FULL MAILING ADDRESS]
County: [GEORGIA COUNTY WHERE PROPERTY IS SITUATED]
Tax Parcel ID: [_]
Real Estate Transfer Tax Paid: $[___] (See Exhibit B)
Title: QUITCLAIM DEED
Effective Date: [MONTH ___, 20__] (“Effective Date”)
PARTIES:
“Grantor”: [FULL LEGAL NAME OF GRANTOR, entity type, state of org., address]
“Grantee”: [FULL LEGAL NAME OF GRANTEE, entity type, state of org., address]
RECITALS
A. Grantor is the owner of certain real property located in the State of Georgia and more particularly described in Exhibit A (the “Property”).
B. Grantor desires to quitclaim, release, and 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 and conditions set forth herein and for the consideration stated below.
NOW, THEREFORE, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS
The following terms, when capitalized, have the meanings set forth below. Undefined capitalized terms shall have their ordinary meaning under Georgia law.
“Affiliate” – With respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person.
“Person” – Any natural person, corporation, limited liability company, partnership, trust, association, or other legal entity.
“Property” – The real property, improvements, hereditaments, and appurtenances described in Exhibit A.
“Transfer Taxes” – All transfer, documentary, stamp, recording, or similar Taxes, charges, or fees imposed by Georgia law in connection with the conveyance effected by this Deed.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor does hereby remise, release, quitclaim, and convey unto Grantee, its successors and assigns, all of Grantor’s right, title, and interest, if any, in and to the Property, together with all tenements, hereditaments, easements, rights, and appurtenances thereto, to have and to hold unto Grantee forever.
3.2 Consideration. The consideration for this conveyance is the amount set forth above and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
3.3 Conditions Precedent. The effectiveness of this Deed is expressly conditioned upon (i) payment of all applicable Transfer Taxes, and (ii) proper attestation and acknowledgment as required for recording under Georgia law.
3.4 Delivery. Delivery of an executed counterpart of this Deed to the Grantee (or Grantee’s agent) shall constitute delivery for all purposes. Electronic delivery (PDF) is effective provided originals are subsequently exchanged for recording.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor. Grantor represents solely that it has full authority to execute and deliver this Deed. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4.1, GRANTOR MAKES NO WARRANTY OF TITLE, EXPRESS OR IMPLIED, AND CONVEYS THE PROPERTY “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”
4.2 Survival. The limited representation in Section 4.1 shall survive delivery of this Deed for a period of twelve (12) months and shall thereafter terminate.
[// GUIDANCE: Because a quitclaim deed provides no covenants of title, additional warranties are intentionally omitted to preserve the “no_warranties” risk allocation requested.]
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Grantor shall, at Grantee’s reasonable request and sole cost, execute such additional instruments as may be reasonably necessary to effectuate the conveyance intended herein.
5.2 Compliance with Law. Grantee shall be solely responsible for compliance with all zoning, environmental, and land-use laws applicable to the Property after the Effective Date.
6. DEFAULT & REMEDIES
6.1 Event of Default. A party’s failure to perform any obligation that survives delivery and continues uncured for ten (10) business days after written notice constitutes a default.
6.2 Remedies. The non-defaulting party may pursue all remedies available at law or in equity, subject to the limitations set forth in Section 7. No party shall be liable for consequential, incidental, or punitive damages.
7. RISK ALLOCATION
7.1 Indemnification. None. Each party bears its own risk except as expressly provided herein.
7.2 Limitation of Liability. Except for fraud or willful misconduct, Grantor’s aggregate liability in connection with this Deed shall not exceed the consideration actually received by Grantor. Grantor disclaims all implied warranties including merchantability, habitability, and fitness for a particular purpose.
7.3 Force Majeure. Neither party shall be liable for failure to perform caused by events beyond its reasonable control, including natural disasters, governmental actions, or acts of terrorism, provided the affected party gives prompt notice and resumes performance as soon as feasible.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the substantive laws of the State of Georgia, without regard to conflict-of-laws principles.
8.2 Forum Selection. Exclusive venue for any action arising out of or relating to this Deed shall lie in the Superior Court of the county where the Property is located, and each party irrevocably submits to such jurisdiction.
8.3 Arbitration. No arbitration.
8.4 Jury Waiver. None—each party retains its constitutional right to a jury trial.
8.5 Injunctive Relief. Only injunctive relief specifically necessary to preserve the status quo or prevent irreparable harm shall be available, and any such relief shall be narrowly tailored.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. This Deed may be amended only by a written instrument executed by Grantor and Grantee. No waiver shall be effective unless in writing and signed by the waiving party.
9.2 Assignment. Grantee may assign this Deed without Grantor’s consent; provided, Grantee remains liable for any obligations that survive delivery.
9.3 Successors and Assigns. This Deed shall bind and inure to the benefit of the parties and their respective successors and assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the original intent.
9.5 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior understandings.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Electronic signatures and notarizations that comply with Georgia’s Uniform Electronic Transactions Act are deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed under seal as of the Effective Date.
Grantor: ______ (Seal)
[GRANTOR NAME]
By: _______
Name: ______
Title: ______
Date: __________
Witness: _________
(Notary may serve as second witness)
Notary Public State of Georgia
County of ___
The foregoing Quitclaim Deed was acknowledged before me on this ___ day of _, 20__,
by _____ [name], as ___ [title] of Grantor.
Notary Public
My Commission Expires: _______
[NOTARY SEAL]
ACCEPTED:
Grantee: ______ (Seal)
[GRANTEE NAME]
By: _______
Name: ______
Title: ______
Date: __________
[// GUIDANCE: Georgia requires (1) signature by Grantor under seal, (2) attestation by two witnesses—one of whom may be a notary, and (3) acknowledgment for recording. Some clerks accept one unofficial witness plus the notary; confirm county practice.]
11. EXHIBITS
Exhibit A – Legal Description of Property
Exhibit B – Georgia Real Estate Transfer Tax Declaration
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[INSERT METES-AND-BOUNDS OR PLAT REFERENCE]
EXHIBIT B
GEORGIA REAL ESTATE TRANSFER TAX DECLARATION
- Consideration: $[__]
- Tax Computation: $[CONSIDERATION ÷ $1,000 × $1.00] = $[TAX DUE]
- Paid via: ☐ PT-61 e-Filing ☐ Cashier’s Check No. ______
[// GUIDANCE: Complete the PT-61 e-Filing prior to recording. Attach the PT-61 confirmation page or reference number here.]
End of Document