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An Arizona special warranty deed transfers property from a grantor to a grantee, promising that the grantor has not done anything to compromise the quality of the title. A special warranty deed does not protect the grantee from any title issues that may have been caused by prior owners. Title issues such as liens, encumbrances, or public records problems could become apparent after the signing of the deed, especially on older properties. For this reason, property buyers are often encouraged to purchase title insurance in order to fully protect themselves when a special warranty deed is used in a transfer.
- Statute: Chapter 4 – Conveyances and Deeds
- Formatting: § 11-480
- Signing (§ 33-401): Notary Public
- Where to record (§ 11-468): County Recorder’s Office
- Recording fees (§ 11-475(A)(1)): $30
- Forms:
- Affidavit of Property Value: Must be filed along with a deed unless the property meets an exemption (as listed in § 11-1134).
- Homeowner’s Association (HOA) Addendum (§ 33-1260, § 33-1806): Grantors must provide this form to grantees if the property they wish to transfer is either a condominium or if it is located in a planned community as defined by § 33-1802(4).
- Property Disclosure Statement (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986): Grantors must fill out this document and provide it to the grantee with pertinent details about the property such as structural issues, location, title information, and other features or issues specific to the property.
- Swimming Pool Disclosure (§ 36-1681(E)): If the property being transferred has a pool, this document must be provided to prospective buyers.
- Unincorporated Area (§ 33-422): Property transfers must include this document if the property is located in an area without an organized municipal government.
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