An Arkansas special warranty deed is a property conveyance instrument where the seller provides warranties of title that only apply to their period of ownership. This deed contains language that assures the buyer that the property was not encumbered by the seller (e.g., unpaid taxes, mechanic’s liens, leases) and that it has not been transferred to anyone else.
This deed is often used in commercial property transfers or when financial institutions sell a foreclosed property. Buyers may wish to purchase title insurance to protect themselves from any potential title defects made by prior owners.
- Statutes: Chapter 12 – Conveyances
- Formatting: § 14-15-402(b)(1), §
- Signing Requirements (§ 18-12-104 & § 18-12-201): Notary Public and Two (2) Disinterested Witnesses
- Where to record (§ 14-15-404(a)(1)): Circuit Court
- Recording fees (§ 21-6-306(a)): $15 for the first page, $5 for each additional page
- Arkansas Real Property Tax Affidavit of Compliance Form: Per the Department of Finance and Administration, a Real Property Transfer tax must be paid for any conveyance exceeding a price of $100. This form must accompany the deed with payment or a note of exemption.