Grant Deed
(Commercial Transaction) (CA)


Summary

This grant deed may be used to transfer commercial real property in California. This form includes practical guidance, drafting notes, and alternate clauses.In California, a grant deed is distinguished from other deed types because use of the word grant includes implied covenants of the transferring party (grantor) and its heirs in favor of the transferee (grantee) and its heirs and assigns. Under Cal Civ Code § 1113, the implied covenants of a grant deed provide that (1) prior to the execution of the grant deed, the grantor has not conveyed the same property to any person other than the grantee, and (2) at the time of the execution of the grant deed, the property is free from encumbrances made or suffered by the grantor, or any person claiming under the grantor. These covenants can be sued upon in the same manner as if they had been expressly stated in the deed. The implied warranties can be qualified by referring to certain matters (e.g., the grant is made subject to the lien of real...