What should you know about special warranty deeds?

Buying a home is an exciting milestone, but it comes with its fair share of complexities. One important aspect of the home-buying process is understanding the type of deed involved in transferring ownership.

Special warranty deeds are common in real estate transactions. Having a clear understanding of what they entail can help you navigate the process with confidence.

What constitutes a special warranty deed

Buying a house is both a stressful and joyous time. However, before everything is official, you need to look over the deed and make sure you understand what you are getting into.

A special warranty deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another. Unlike a general warranty deed, which guarantees clear title for the entire history of the property, a special warranty deed only guarantees clear title for the period during which the seller owned the property.

Importance of clear title

Clear title is important when purchasing a property because it ensures that the seller has the legal right to transfer ownership without any claims from third parties. With a special warranty deed, the seller is only warranting that they have not personally caused any defects in the title during their ownership.

Limitations of a special warranty deed

While a special warranty deed provides some level of protection, it has limitations. Since the seller only warrants against defects that occurred during their ownership, this does not cover any issues that happened before they owned the property. This means that you could potentially inherit title issues from previous owners.

When to expect a special warranty deed

Special warranty deeds are common in commercial real estate transactions. However, sellers may also use them in residential sales, especially in cases where the seller is a bank or other financial institution. In such cases, the seller may prefer to limit their liability by using a special warranty deed instead of a general warranty deed.

Knowing the differences between a special warranty deed and other types of deeds can help you make informed decisions when purchasing a property. You could also potentially guidance from professionals to help with a successful and hassle-free real estate transaction.



FindLaw Network