Real Estate

Special Warranty Deed

A special warranty deed is a deed where the grantor only guarantees clear title for the period they owned the property, not for the entire history of ownership, providing less protection than a general warranty deed.

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Exam Tip

Special warranty = LIMITED protection. Only covers grantor's ownership period. General warranty = FULL chain of title protection.

What is a Special Warranty Deed?

A special warranty deed (also called a limited warranty deed in some states) is a legal document used to transfer property ownership where the seller only guarantees that no title defects arose during their ownership period. Unlike a general warranty deed, it does not warrant against problems that existed before the seller acquired the property.

Special Warranty Deed Guarantees

The grantor (seller) warrants only that:

WarrantyCoverage
No encumbrances during ownershipSeller created no liens or encumbrances
No title claims during ownershipSeller defended against any claims
Quiet possession during ownershipBuyer won't be disturbed by seller's actions

What is NOT Covered

Not WarrantedMeaning
Prior encumbrancesLiens or claims from before seller's ownership
Prior title defectsProblems in chain of title before seller
Other parties' actionsClaims from third parties before seller owned property

General vs. Special Warranty Deed

FeatureGeneral Warranty DeedSpecial Warranty Deed
Coverage PeriodEntire property historyOnly during grantor's ownership
Protection LevelMaximumLimited
Seller LiabilityFor all title defectsOnly defects from their ownership
Common UseResidential salesCommercial, bank sales, estates
Buyer RiskLowerHigher

When Special Warranty Deeds Are Used

SituationWhy
Foreclosure salesBanks don't know property history
Estate salesExecutors can't warrant past history
Commercial transactionsParties negotiate title insurance
Short salesSellers can't guarantee prior owners' actions
Corporate transfersBetween related entities

Protection Strategies for Buyers

StrategyPurpose
Title searchDiscover existing defects
Title insuranceProtect against unknown claims
SurveyIdentify boundary issues
Careful reviewUnderstand what's not covered

Deed Comparison Chart

Deed TypeProtection LevelWhen Used
General WarrantyHighestMost residential sales
Special WarrantyLimitedCommercial, foreclosures
QuitclaimNoneFamily transfers, clearing title
Bargain and SaleVariesTax sales, foreclosures

Exam Alert

Special warranty deed only warrants title for the GRANTOR'S period of ownership. It does NOT protect against defects that existed before the seller acquired the property. Buyers should obtain title insurance for additional protection.

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