A Delaware special warranty deed transfers property from a grantor to a grantee with the guarantee that the grantor has not encumbered the property nor conveyed it to another party. The warranties that this deed provides do not account for any prior owner’s encumbrance; that is, any title defect caused by a property owner before the grantor’s period. Any outstanding liens, encumbrances, or other easements made by previous owners will be the grantee’s responsibility to clear.
- Statutes: § 121
- Signing Requirements (§ 122): Notary Public or proved in Superior Court before one (1) or more witnesses.
- Where to Record (§ 154): County Recorder’s Office in either Kent County, New Castle County, or Sussex County.
- Recording Fees:
- Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402): To comply with § 9605(d), this form must accompany the deed to the county recorder.
- Kent County New Property Ownership Form: All property transfers in Kent County must be recorded with this form included.
- Property Disclosure Statement (§ 2572): Sellers must fill out this document and provide it to buyers. It details pertinent information about the property, particularly defects or issues the property has.
- Radon Disclosure (§ 2572A): If the property is at risk for radon exposure, this disclosure must be provided to potential buyers.