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Draft a Warranty Deed for a seller and buyer of residential property

Warranty Deed

This Warranty Deed is made and entered into this [Date] day of [Month], [Year], by and between [Seller Full Name], residing at [Seller Address], hereinafter referred to as "Seller," and [Buyer Full Name], residing at [Buyer Address], hereinafter referred to as "Buyer."

WITNESSETH:

WHEREAS, Seller is the legal and rightful owner of the following described real property located in [County], [Country], hereinafter referred to as "Property":

[Property Description]

**NOW, THEREFORE, in consideration of the sum of [Amount] Kenyan Shillings ([Amount] Ksh), receipt of which is hereby acknowledged, Seller hereby grants, bargains, sells, conveys, and confirms unto Buyer, and Buyer hereby accepts, the Property, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim, and demand whatsoever of Seller in and to the Property, including but not limited to:

  • All buildings, fixtures, and improvements located on the Property;

  • All easements, rights-of-way, and appurtenances;

  • All mineral rights, water rights, and other subsurface rights;

  • All air rights;

  • All rights to use and enjoy the Property in accordance with applicable laws and regulations.

COVENANTS:

Seller hereby covenants with Buyer, and Buyer accepts the following covenants:

  1. Seisin: Seller covenants that Seller is lawfully seized in fee simple of the Property and has good right to convey the same.

  2. Right to Convey: Seller covenants that Seller has the full power and authority to convey the Property to Buyer.

  3. Against Encumbrances: Seller covenants that the Property is free and clear of all liens, encumbrances, and other charges, except as specifically set forth in this Deed.

  4. Quiet Enjoyment: Seller covenants that Buyer shall have quiet possession and enjoyment of the Property, free from any claim or demand of Seller or any person claiming under Seller.

  5. Warranty: Seller covenants to warrant and defend the title to the Property against all lawful claims and demands of all persons claiming by, through, or under Seller.

EXCEPTIONS:

This Deed is subject to the following exceptions:

[List of Exceptions]

GENERAL PROVISIONS:

  1. Taxes: Seller shall be responsible for all real estate taxes and assessments levied against the Property up to and including the date of closing.

  2. Closing: This Deed shall be delivered to Buyer at the closing of the sale of the Property.

  3. Recording: Buyer shall be responsible for recording this Deed in the appropriate public records.

  4. Entire Agreement: This Deed constitutes the entire agreement between Seller and Buyer with respect to the sale of the Property and supersedes all prior or contemporaneous agreements, representations, and understandings, whether oral or written.

  5. Governing Law: This Deed shall be governed by and construed in accordance with the laws of the Republic of Kenya.

  6. Severability: If any provision of this Deed is held to be invalid or unenforceable, such provision shall be struck from this Deed and the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Warranty Deed as of the date first written above.

[Seller Signature]

[Seller Printed Name]

[Buyer Signature]

[Buyer Printed Name]

[Witness 1 Signature]

[Witness 1 Printed Name]

[Witness 2 Signature]

[Witness 2 Printed Name]

Table of Contents

  1. Warranty Deed

  2. Table of Contents

  3. Case Laws

  4. Conclusion

  5. TLDR

Case Laws

This section will include relevant case laws that are applicable to the Warranty Deed.

  • Case Law 1: [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].

  • Case Law 2: [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].

  • Case Law 3: [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].

Conclusion

This Warranty Deed is a legally binding document that transfers ownership of the Property from Seller to Buyer. It includes covenants that protect the rights of both parties and ensures a clear title to the Property. It is important to consult with a qualified legal professional to ensure that the Deed is properly drafted and executed in accordance with Kenyan law.

TLDR

This Warranty Deed transfers ownership of the Property from Seller to Buyer, includes covenants to protect both parties, and ensures a clear title. It is important to consult with a lawyer to ensure it is properly drafted and executed.

This is a sample Warranty Deed and should be reviewed by a qualified legal professional before use. It is important to note that this document is for informational purposes only and does not constitute legal advice. You should consult with a lawyer to obtain legal advice tailored to your specific situation.

Answered by mwakili.com