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Talking about the special warranty deed passes ownership to a receiver, whereas the general warranty deed gives the recipient or purchaser more protection. They differ in their roles of serving restricted and extensive warranties in particular fields, respectively. These warranties have their own features that people should know before they use them for certain purposes. So, what is so different about special warranty deeds and general warranty deeds?
Overview of a Special Warranty Deed
This kind of deed transfers ownership of real estate from the seller, referred to as the grantor to the buyer known as the grantee. It also contains limited warranties for the grantee.
The grantor’s warranty under a special warranty deed is limited to certain aspects of the title on the property. Specifically, he guarantees that he has not done anything during his period of ownership that would have an adverse effect on the title. This means that they make sure that there are no liens, mortgages, or other rights that may affect such properties.
Overview of a General Warranty Deed
This is one type of property deed that provides maximum protection for buyers who are referred to as grantees in relation to land purchases through conveyance made by conveyors using general warranty deeds.
The grantor, under a general warranty deed, assures the grantee about his valid ownership and transferability rights toward this particular object. The granter goes further to assure them that there are no other liens or claims attached that could interfere with their right of possession over it. Moreover, it covers all possible instances from the time when the grantor owned it up to now.
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Difference between Warranty Deed and General Warranty Deed
In real estate transactions, two common types of deeds often used for transferring property ownership include special and general warranty deeds respectively. It is important for both buyers and sellers alike to appreciate the distinctions between these two types. For instance, we can look at how a special warranty deed differs from a general warranty deed:
Scope of Warranty
- Special Warranty Deed: On its part, with regard to this type of document, sellers (grantors) do not cause any deficiency affecting the title throughout their tenure to provide indemnity in respect thereof.
- General Warranty Deed: Another group offers broad-based coverage under this merger doctrine, which explains why he stated his position regarding defects-free titles during his time and even earlier. The grantor protects against any past claims.
Protection
- Special Warranty Deed: A special warranty deed provides less protection to the buyer than a general warranty deed. The granter simply guarantees the title against defects or encumbrances arising from their acts or negligence.
- General Warranty Deed: Conversely, a general warranty deed offers more extensive warranties. This is because the grantor ensures that the title of the property is free from defect either during his ownership period or extending back in time to previous owners. Therefore, such a grantor has built-in protection measures against any claim that could emanate from the past.
Risk Allocation
- Special Warranty Deed: From this, it can be seen that the risk of title defects and claims arising before the grant passes onto the special warranty deed grantees who are liable for such in case they arise.
- General Warranty Deed: However, subjecting themselves to risk as a result of any claimed adverse rights or pre-existing problems relating to titles would happen in specific purchase agreements. On the contrary, these warranties provide protection against such risks to the buyers.
Common Use
- Special Warranty Deed: Commercial real estate transactions and cases where sellers want limited liability or specific warranties have often made use of special warranty deeds like this one.
- General Warranty Deeds: They are a common way for people to convey residential property and give the buyer the most protection and assurance regarding the title of that property.
Considerations for Special Warranty Deed and General Warranty Deed
The choice between a special warranty deed and a general warranty deed largely depends on your specific circumstances and priorities. Below are some factors that individuals or entities may take into account when choosing between the two:
- Determining Protection Level: A general warranty deed is usually preferred where, as a buyer, you want maximum security in regard to the title of a property. This type offers more extensive warranties, which cover any potential defects or claims concerning its title not only during the grantor’s period of ownership but also from previous owners as well. Conversely, if you can assume some risk and are mostly concerned with how long the grantor has owned it, then go for a special warranty deed.
- Choosing Transaction Type: The type of real estate transaction may affect your decision about which kind of deed you will use. In commercial real estate transactions, special warranty deeds could be used if one party is willing to negotiate certain warranties and limits. For residential real estate deals, general warranty deeds serve as better security options.
- Taking into Account Seller’s Preference: The preference of sellers coupled with their willingness to offer extensive warranties can also affect which type of deed is chosen. Some sellers may wish to use special warranty deeds so they can limit the extent to which they are liable under these covenants. Conversely, others may be inclined towards granting general warranty deeds to demonstrate confidence in the purchaser, thereby facilitating a successful transaction.
- Applying for Title Insurance: Irrespective of which kind of deed has been preferred in this case, it is always recommended that one obtain title insurance while entering into any real estate deal. Regardless of whether there are any such warranties made in connection with the title, this form protects buyers against undiscovered issues associated with the title. Therefore, it adds an extra layer of insurance and confidence to the buyer.
- Consulting Legal Experts: A qualified real estate attorney should always be consulted when choosing between a special warranty deed and a general warranty deed. Such professionals can advise you depending on your particular situation, local laws, as well as peculiarities of the deal.
Key Terms for Special Warranty Deed vs. General Warranty Deed
- Warranty Protection: A general warranty deed gives broad warranty protection on the ownership of the grantor, while a special warranty deed offers narrow coverage during the grantor’s ownership.
- Title Defects: A special warranty deed ensures only those title defects that stem from the grantor during their ownership, whereas a general warranty deed covers any present or past title defect.
- Liability of Grantor: The special warranty deeds hold the seller responsible only for their acts and promises, among other things, made within the duration they held the property. In the case of a general warranty deed, it is assumed that all problems have existed with the title in both its past and current status by the person granting it.
- Level of Protection: With respect to the liability of deeds, limited protections are given through special purpose warranties, whereas comprehensive protections against lack of transferability and marketability are delivered through general purpose warranties.
- Types of Transaction: Commercial transactions often use special warranty deeds as compared to general warranty deeds which are more prevalent in residential transactions because they provide greater buyer protection.
Final Thoughts on Special Warranty Deed vs. General Warranty Deed
In a real estate transaction, the choice between a general warranty deed and a special warranty deed depends on how much security and assurance both the buyer and seller want. A general warranty deed is one that has more warranties that cover all ownerships, including those by previous owners, as well as probable title defects, whereas a special warranty deed offers limited warranties specifically for the grantor’s actions taken during its ownership only. The choice is often determined by several factors, such as transaction type, risk tolerance, etc. To make an appropriate selection that provides security and peace of mind to all parties involved it is important to consult with an attorney who specializes in real estate law as well as do comprehensive due diligence.
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
