what is a special warranty deed?

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A special warranty deed is a type of property transfer deed in which the seller only warrants a good title to the buyer for the time he owned the property.

An example would be like the seller had purchased the property in 2001, he will only be warranting good title from 2001.

He will not be liable for anything wrong that may have happened to the title before that, like someone forged a previous owner's signature on a deed in 1990 and had sold the property to another person.

colin · Posted: Tue Feb 27, 2007 3:30 pm Post subject:

Hi Gergen,

Welcome to Mortgage forum.

If at the time of sale of property a special warranty deed is used then with it the seller provides a warranty that he has not done anything after acquiring rights to the property which can adversely affect the title he is conveying to the buyer.

The seller would only be liable in such situation where his action resulted in title defect. Some examples would be like when the seller has already sold the property to another person or has granted an option to purchase to someone else which is kept undisclosed to the buyer. But for any other reason in which he was not personally involved and may have caused a title defect like Freddy mentioned then he cannot be held liable for such title defects after the property is sold.

Colin

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thanks for the help, can I get a format of this type of deed from somewhere,thanks again

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Gergen, you can view and download it from here : http://www.abanet.org/rppt/publications/edirt/2001/2001winter/spec_lim ited_deed.pdf

David Clement Makinson

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