Grant Deed
(Commercial Transaction) (CA)

Summary

This grant deed may be used to transfer commercial real property in California. This template includes practical guidance, drafting notes, and alternate clauses. In California, a grant deed is distinguished from other deed types because the 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 property taxes not yet due or payable or all matters of record). Notice that pursuant to Cal Civ Code § 1106, a grant deed also passes to the grantee any title or claim of title in the property that is subsequently acquired by the grantor. For templates of other deeds to use in California, see Quitclaim Deed (CA), Grant Deed (Residential Transaction) (CA), Grant Deed (CA), Deed of Full Reconveyance (CA), and Deed of Partial Reconveyance (CA). For information on the process of buying and selling commercial real property in California, see Purchasing and Selling Commercial Real Estate Resource Kit (CA) and Purchase and Sale of Commercial Real Property (CA). For more information on commercial real estate ownership in California, see Commercial Real Estate Ownership (CA). For a discussion of financing commercial real property in California, see Commercial Real Estate Financing (CA). For information on recording real property documents in California, see Recording Procedures (CA). For information on deed transfer taxes in California, see Real Property Transfer Taxes (CA). For information on the process of buying and selling residential real property in California, see Purchase and Sale of Residential Real Property (CA). For more on deeds in general, see Types of Deeds and Key Provisions. See also Thompson on Real Property, Thomas Editions § 82.04 and Powell on Real Property § 81A.03. For information on deed transfer taxes, see Deed Transfer Tax State Law Survey. For general information on recording real property documents, see Recording Real Property Documents. See also Uniform Real Property Electronic Recording Act State Law Survey. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. For information on title insurance, see Title Insurance Endorsement State Law Survey and Title Insurance and Survey Resource Kit (Commercial Real Estate Purchase and Sale) (National and Select States). For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Purchase and Sale). For a full listing of key content covering purchasing and selling residential real estate, see Purchasing and Selling Residential Real Estate Resource Kit. For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.