What is Special Warranty Deed?
1434 reads · Last updated: December 5, 2024
A Special Warranty Deed is a type of property transfer document where the seller (grantor) guarantees only against problems that arose during their ownership of the property, not against issues that existed before they owned it. Special Warranty Deeds are primarily used in commercial real estate transactions but can also be used in certain residential real estate transactions.Key characteristics include:Limited Warranty: The seller guarantees only against problems that arose during their ownership period, not prior issues.Buyer Protection: The buyer is protected against title issues that occurred during the seller's ownership.Application: Commonly used in commercial real estate transactions and some residential real estate transactions.Legal Validity: The Special Warranty Deed is legally binding, providing clear delineation of responsibilities for both the buyer and the seller.Example of Special Warranty Deed application:Suppose a seller transfers a commercial property to a buyer using a Special Warranty Deed. The seller guarantees that there are no unresolved title issues, such as unpaid property taxes or undisclosed liens, that arose during their ownership. If any title issues from the seller's ownership period are discovered later, the seller is responsible for addressing them. However, the seller is not liable for any issues that originated before they owned the property.
