Both General Warranty Deeds and Special Warranty Deeds can be used for real estate sales where a property, either residential or commercial, is transferred between parties unfamiliar with each other. Ownership of a property is transferred from the seller to the buyer with certain guarantees against future problems or claims, which protect the buyer against fraud. The difference between a Warranty Deed and Special Warranty Deedis the extent of the coverage of the warranty.

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Both types of Warranty Deeds (Special and General) guarantee the buyer:

  • That the seller owns the title
  • That the seller is legally allowed to sell the property
  • That the property has not already been sold
  • That the property is free of debt or other claims (aside any mentioned in the deed)
  • That the seller is responsible for any problems/faults with the property

However, where the guarantees in a Warranty Deed cover the property's entire history, the Special Warranty Deed only covers the period of time for which the seller owned it. While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.

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Note: If the Grantor (seller) does not desire to provide any guarantees, consider preparing a Bargain and Sale Deed or a Quit Claim Deed

Get started Create Your Warranty Deed Answer a few questions. We'll take care of the rest.

Get started Create Your Warranty Deed Answer a few questions. We'll take care of the rest.