An Oregon special warranty deed conveys real property from a grantor (the party transferring title) to a grantee (the party receiving title) with limited protection against liens and encumbrances. Like a general warranty deed, this document transfers all of the grantor’s rights and interest in real property to the grantee. Where the two documents differ is the level of protection the grantee receives; a general warranty deed covers all title issues, whereas a special warranty deed only covers issues occurring when the grantor held title to the property. Thus, the grantor in a special warranty deed is not liable for title defects caused by previous property owners.
- Statutes: § 93.855
- Formatting: §§ 205.232, 205.234, 205.236, 93.040, and 93.260
- Signing Requirements (§ 93.410): Notary Public (or other authorized official)
- Where to Record (§ 205.130): County Clerk
- Recording Fees (§ 205.320(d)): $5 per page
- Property Disclosure Statement (ORS 105.465(2)): Identifies material flaws and other pertinent information about the real estate. The seller must provide this statement to each buyer who makes a formal purchase offer.