Special Warranty Deed
Candlefocus EditorWhen a buyer of property uses a special warranty deed, the seller is guaranteeing two things: first, that they have legal ownership of the property and are able to pass it on in good faith; and second, that the property did not incur any encumbrances during their ownership. These guarantees are the same that are offered by a general warranty deed, but the timeframe in which they are provided is more limited.
In many cases, a special warranty deed is the only type of deed offered to the buyer by the seller. If this is the case, it’s important that the buyer is aware of the implications of this type of deed and make sure that they cover any potential defects in title or other related issues that may exist outside of the seller’s period of ownership.
In some cases, the seller may also provide an extra warranty, such as an easement-related guarantee or a quit claim deed, in addition to the special warranty deed; this additional warranty provides even with more protection to the buyer.
Overall, a special warranty deed is a valuable tool for buyers of property, and it is important to understand the differences between a general warranty deed and a special warranty deed before making a purchase. While the general warranties found in general warranty deeds are more far-reaching, a special warranty deed still provides significant protections that ensure the quality of title held by the seller and alleviate any potential issues associated with the property’s history.