Covenant Deed
(Commercial Transaction) (MI)

Summary

This template covenant deed, or "deed C," is commonly used by a seller/grantor in Michigan to transfer title to commercial real property to a buyer/grantee. The seller/grantor does not warrant the entire chain of title of the property from its first conveyance but warrants only what is stated in the deed. This template includes practical guidance and drafting notes. A covenant deed may potentially contain all the covenants found in a general warranty deed (see Mich. Comp. Laws Serv. § 565.151), but generally only contains a warranty against claims made by any person claiming title to the property by, through, or under the seller/grantor and / or a covenant that the seller/grantor has not done anything to encumber the title. For a general discussion of deeds and other instruments of conveyance in Michigan, see 1 Michigan Real Estate Forms 3.3 (2020). A Michigan deed must be in writing and signed by the buyer. See Mich. Comp. Laws Serv. § 566.108. For templates of other deeds to use in commercial transactions in Michigan, see General Warranty Deed (Commercial Transaction) (MI), Quitclaim Deed (Commercial Transaction) (MI), Special Warranty Deed (Commercial Transaction) (MI), and Warranty Deed (Statutory) (Commercial Transaction) (MI). For templates of deeds to use in residential transactions in Michigan, see General Warranty Deed (Residential Transaction) (MI), Quitclaim Deed (Residential Transaction) (MI), and Special Warranty Deed (Residential Transaction) (MI). For more information on commercial real estate ownership in Michigan, see Commercial Real Estate Ownership (MI). For a discussion of 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.