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OpenDocumentAn Oklahoma special warranty deed is completed by a property seller to transfer ownership to another party with a partial warranty against title defects. The warranty is limited to issues originating from the actions or omissions of the grantor (the seller) while they held title to the property. If the grantor didn’t pay their property tax or failed to disclose an easement, the warranty would protect the grantee (the buyer) as these issues occurred under the grantor’s ownership. However, if an encumbrance existed before the grantor took possession, they would be exempt from liability.
- Statutes: Title 16 (Conveyances)
- Formatting: § 19-298(B)
- Signing Requirements (§ 16-4 & § 16-26): Notary Public
- The seller’s spouse (if any) must sign the deed if the property qualifies for a homestead exemption, which is a tax reduction for those who permanently reside on a property.
- Where to Record: Register of Deeds
- Recording Fees (§ 28-32(A) & § 28-32(C)): $8 for the first page + $10 preservation fee; $2 for each subsequent page
- Forms:
- Property Disclosure Statement (§ 60-833(2)): If transferring ownership of residential real estate, the grantor must complete this condition statement and provide it to the grantee.
- Property Disclaimer Statement (§ 60-833(1)): If a grantor transfers residential real estate but has never lived on the property and has no knowledge of their home’s condition, they must use this disclaimer in lieu of the above-mentioned Property Disclosure Statement.