A special warranty deed is a real estate document via which the property seller affirms or guarantees to take care of any losses or liabilities which may arise during the time when the property was under his care and ownership. This deed exempts him from those liabilities which came into being before he assumed ownership of the said piece of property.
Special Warranty Deed vs. Other Deeds
Needless to say, there are other deeds in existence besides the ‘special warranty deed.’ The most common of these are the ‘quitclaim deed’ and the ‘general warranty deeds.’ We are going to look into the differences between the special warranty deed and these two, here below:
Special Warranty Deed vs. Quitclaim Deed
A special warranty deed exists primarily to absolve the seller of property from any loss or any liability which came into being before he assumed ownership. The quitclaim deed, on the other hand, transfers any interests which the property owner may have over a given piece of property to another person.
Special Warranty Deed vs. General Warranty Deed
The special warranty deed merely exists to spare the property owner from any liabilities which may have existed before he assumed ownership of the said piece. The general warranty deed, on the other hand, shows cause that the person who now owns the property has a right to transfer it to a third party.
Other names of “Special Warranty Deed”
Listed below are some of the names which the ‘special warranty deed’ assumes in different states and jurisdictions world over:
- Grant deeds
- Covenant deeds
- Statutory warranty deeds
- Limited warranty deeds
Uses of “Special Warranty Deed”
Transfer of Property
You will rely on a ‘special warranty deed’ to transfer a piece of property from one party to another. That is because this document proves that the said piece of the property actually belongs to you. Moreover, it is also accepted by many jurisdictions and authorities world over.
Mitigates Risks
As stated above, this document frees a property owner from any risks or liabilities which arose before he assumed ownership of the said piece. In case a new owner discovers any flaw in the property, and if the flaw is ascertained to have originated earlier, you will not have to pay any compensation at all.
Vouches for Ownership
A ‘special warranty deed’ also acts as proof of ownership of a piece of property. It is not in and of itself intended to do so though. That is the role of the title deed or log books and so on. Thus, you may wish to make use of it to show course your ownership of a piece of property.
Litigation
If and when a dispute with regards to property ownership spills over to the courtroom, the special warranty deed may be used. It may serve as an exhibit, proof of ownership, and in many other ways that may influence the outcome of a court case significantly.
Collateral
Considering that a special warranty deed proves ownership of a given piece of property, it may also serve as collateral. You may use it to secure loans from banks and other financial institutions. Kindly note though that the document may not be accepted by any other financial institution though.
Free Special Warranty Deed Form
Legal Considerations
We have already hinted that the laws that govern the drafting and use of these documents vary significantly from place to place. It is important to understand the laws that exist in your jurisdiction and find a form that is specially formulated for that very jurisdiction.
You may wish to secure the services of a deed preparation company just to be sure of what you are doing. Before submitting yours, you should also seek the intervention of a qualified attorney. Let him guide you accordingly to ensure that you are on the right track.
