Create Document
Adobe PDF
Microsoft Word
OpenDocument
Also referred to as:
- Limited Warranty Deed
- Grant Deed
- Covenant Deed
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Special Warranty vs. General Warranty
General and special warranty deeds are two of the most commonly used deeds in property transactions. Their main difference lies in the time period covered by the title warranty.
In a special warranty deed, the grantee is protected by legal language warranting that the property title was not encumbered while the grantor held title.
With a general warranty deed, the title warranty applies to all previous owners, including the grantor.
When to Use a Special Warranty Deed
Special warranty deeds are often used when there’s little information about past ownership and the seller wants to avoid liability for unknown title issues. They are commonly drafted in the following situations:
- Foreclosures – Banks or lenders selling foreclosed homes may only warrant the title from the start of their brief ownership, not before.
- Commercial Transactions – Businesses selling commercial property often use this deed to avoid liability for issues from previous owners.
- Estate Matters – Estate executors may use a special warranty deed to limit the warranty to the decedent’s period of ownership, especially when prior title history is unclear.
Sample
Disclaimer
Deeds must be formatted according to state-specific standards to be accepted for recording.
Prepared By:
Name: [PREPARER NAME]
Address: [PREPARER ADDRESS]
After Recording Return To:
Name: [RECIPIENT NAME]
Address: [RECIPIENT ADDRESS]
Space above this line for recorder’s use only
SPECIAL WARRANTY DEED
STATE OF [STATE NAME]
COUNTY OF [COUNTY]
Know all men by these presents, that for and in consideration of the sum of [AMOUNT (IN WORDS)] ($[AMOUNT (AS A NUMBER)]) in hand paid to [GRANTOR NAME(S)], a [GRANTOR(S) MARITAL STATUS], residing at [GRANTOR(S) STREET ADDRESS] (hereinafter known as the “Grantor(s)”) hereby grants, warrants, and conveys to [GRANTEE NAME(S)], a [GRANTEE(S) MARITAL STATUS], residing at [GRANTEE(S) STREET ADDRESS] (hereinafter known as the “Grantee(s)”) the following described real estate, situated in [COUNTY NAME] County, [STATE NAME] State, to-wit:
[ENTER PROPERTY LEGAL DESCRIPTION (OR ATTACH AS SEPARATE PAGE)].
TOGETHER WITH all the improvements thereon and the appurtenances thereunto belonging (the “Property”).
AND warrant the title to the same, against any challenge claiming by, through or under, the Grantor(s), but not otherwise.
TO HAVE AND TO HOLD, the Property aforesaid with all and singular, the rights, privileges, appurtenances, and immunities thereto belonging or in any wise appertaining unto the said Grantee(s) and unto Grantee(s)’s heirs, successors, and assigns forever, the said Grantor(s) hereby covenanting that the premises are free and clear from any encumbrance done or suffered by Grantor(s).
IN WITNESS WHEREOF, the Grantor(s) has executed and delivered this Special Warranty Deed under seal as of the day and year first above written.
Grantor Signature: _________________________
Grantor Name: [GRANTOR NAME]
Grantor Signature: _________________________
Grantor Name: [GRANTOR NAME]
Witness Signature: _________________________
Witness Name: [WITNESS NAME]
Witness Signature: _________________________
Witness Name: [WITNESS NAME]
STATE OF [STATE]
COUNTY OF [COUNTY]
I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that [GRANTOR NAME(S)], whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they executed the same voluntarily on the day the same bears date.
Given under my hand, this [MM/DD/YYYY]
_________________________
Notary Public
My Commission Expires: [MM/DD/YYYY]