A Louisiana special warranty deed is a document that effectuates the legal transfer of real estate from a vendor (seller) to a vendee (buyer) with a partial guarantee that the property title is clear. Although the vendor swears that there are no encumbrances (liens, mortgages, leases, easements, etc.) leftover from their time as the title holder, they offer no promises regarding the actions of prior owners. The vendee can look up the property title at the clerk of court’s office in the property’s jurisdiction to ensure that there are no prior claims before recording the deed.
- Statute: CC 1839
- Formatting: CC 3352(A), § 844(A)(1)(i), (B)(2)
- Signing Requirements (CC Art. 1833, 1839, 2440): Notary Public and Two (2) Witnesses
- Where to Record (CC 3346(A)): Clerk of Court’s Office
- Recording Fees (§ 844(A)(1)(a)): $100 (1 to 5 pages) / $200 (6 to 25 pages)
- Property Disclosure Statement (§ 9:3198): Must be completed to inform real estate purchasers of any adverse conditions regarding a property that they are interested in purchasing.