Special Warranty Deed
A special warranty deed is a type of real estate deed that provides limited protection to the buyer. It is a type of quitclaim deed that includes a promise from the seller that they have not encumbered the property with any liens or other claims. However, the seller does not guarantee that the property is free of defects.
A special warranty deed is often used when the seller does not have full ownership of the property or when there is a possibility that there may be undisclosed defects. For example, if the seller is selling a property that they inherited, they may not be aware of any liens or other claims against the property. In this case, the seller would use a special warranty deed to protect themselves from any liability.
A special warranty deed is not as protective as a full warranty deed, which guarantees that the property is free of defects and that the seller has full ownership. However, it is a more protective option than a quitclaim deed, which does not provide any guarantees.
Here are some of the key features of a special warranty deed:
- It is a type of quitclaim deed.
- It includes a promise from the seller that they have not encumbered the property with any liens or other claims.
- The seller does not guarantee that the property is free of defects.
- It is often used when the seller does not have full ownership of the property or when there is a possibility that there may be undisclosed defects.
If you are considering buying a property, it is important to understand the different types of deeds and which one is right for you. A real estate attorney can help you to understand the different options and to choose the best deed for your situation.