A special warranty deed transfers property ownership to a grantee, while a general warranty deed provides the grantee, or buyer, with the highest protection. Their difference lies in how they cater to limited and broad warranties, respectively, in a particular location. Both these warranties have distinct features that individuals or entities must know before signing them for specific purposes. Let us know more about what differentiates a special warranty deed and a general warranty deed below.
Special Warranty Deed Overview
- A special warranty deed is a real estate deed that transfers property ownership from a seller, the grantor, to a buyer, the grantee. The deed further offers limited warranties to the grantee.
- Under a special warranty deed, the grantor warrants or guarantees specific aspects of the property's title. Specifically, the grantor guarantees they have not taken any actions during their ownership that would negatively impact the title. This means they assure the grantee that they have not encumbered the property with any liens, mortgages, or other claims that could affect the grantee's ownership rights.
General Warranty Deed Overview
- A general warranty deed is a type of real estate deed that provides the highest level of protection for a buyer, known as the grantee. When a property is transferred using a general warranty deed, the grantor guarantees, and warrants certain assurances to the grantee.
- Under a general warranty deed, the grantor assures the grantee that they have valid legal ownership of the property and have the right to transfer it. The grantor further guarantees that the property is free from liens or claims that could affect the ownership rights. This warranty extends to the time of the grantor's ownership and any past occurrences that may affect the property's title.
Differences Between Warranty Deed and General Warranty Deed
Regarding real estate transactions, special and general warranty deeds are two common types of deeds used to transfer property ownership. Understanding the differences between these deeds is important for buyers and sellers. Let's explore the dissimilarities between a special warranty deed and a general warranty deed:
Scope of Warranty
- Special Warranty Deed: With a special warranty deed, the grantor (seller) guarantees that they have not caused any defects to the property's title during their ownership. In other words, the grantor provides limited warranties, only covering their ownership period.
- General Warranty Deed: Conversely, a general warranty deed offers more extensive warranties. The grantor confirms that the property's title is free from defects, either during their ownership or when extending to its previous owners. This means the grantor protects against any claims that might arise from the past.
Protection
- Special Warranty Deed: A special warranty deed offers a more limited level of protection to the buyer (grantee). The grantor only guarantees the title against defects or encumbrances caused by their actions or omissions.
- General Warranty Deed: In contrast, a general warranty deed provides the highest level of protection. The grantor is responsible for any title issues or claims that may arise, even if they occurred before the grantor's ownership. The grantor ensures the grantee's ownership rights are fully protected.
Risk Allocation
- Special Warranty Deed: Under a special warranty deed, the grantee bears the risk of title defects or claims before the grantor's ownership. The grantee is responsible for any pre-existing issues.
- General Warranty Deed: With a general warranty deed, the grantor assumes the risk associated with the property's title, including any pre-existing defects or claims. The grantee is protected against such risks by the grantor's warranties.
Common Usage
- Special Warranty Deed: Special warranty deeds are often used in commercial real estate transactions or when the seller wants to limit liability and provide more specific warranties.
- General Warranty Deed: General warranty deeds are commonly used in residential real estate transactions to provide buyers maximum protection and assurance regarding the property's title.
1 project on CC
Factors to Consider Between Special Warranty Deed and General Warranty Deed
When deciding between a special warranty deed and a general warranty deed, it's important to consider your specific circumstances and priorities. Here are the factors to be considered by individuals or entities when choosing between the two:
- Assessing Level of Protection: If you are a buyer seeking the highest level of protection and assurance regarding the property's title, a general warranty deed is typically the preferred choice. It provides broader warranties and covers potential title defects or claims not just during the grantor's ownership but also from previous owners. On the other hand, if you are comfortable assuming some risk and primarily concerned with the period of the grantor's ownership, a special warranty deed may be sufficient.
- Selecting Transaction Type: The real estate transaction type can influence your deed choice. Special warranty deeds are commonly used in commercial real estate transactions where the parties may negotiate specific warranties and limitations. General warranty deeds are often used in residential real estate transactions, providing buyers with greater security and protection.
- Considering Seller's Preference: The seller's preference and willingness to provide extensive warranties may also impact the choice of the deed. Some sellers may prefer to use a special warranty deed to limit their liability and warranty obligations. Others may be more willing to provide a general warranty deed to instill confidence in the buyer and facilitate the transaction.
- Obtaining Title Insurance: Regardless of the type of deed chosen, obtaining title insurance is a prudent step in any real estate transaction. Title insurance protects the buyer against any undiscovered title defects, regardless of the warranties provided in the deed. It adds a layer of protection and peace of mind for the buyer.
- Seeking Legal Advice: It is always recommended to seek legal advice from a qualified real estate attorney when deciding between a special warranty deed and a general warranty deed. An attorney can provide guidance based on your specific circumstances, local laws, and any unique aspects of the transaction.
Key Terms for Special Warranty Deed vs. General Warranty Deed
- Warranty Coverage: A special warranty deed offers limited warranty coverage during the grantor's ownership, while a general warranty deed provides broader coverage.
- Title Defects: Special warranty deed covers title defects caused by the grantor during their ownership, whereas a general warranty deed covers present and past title defects.
- Grantor's Responsibility: Under a special warranty deed, the grantor is responsible only for their actions and warranties during their ownership. The grantor assumes responsibility for all past and present title issues in a general warranty deed.
- Protection Level: A special warranty deed offers limited protection to the buyer, while a general warranty deed provides comprehensive protection against title defects and claims.
- Transaction Types: Special warranty deeds are commonly used in commercial transactions, while general warranty deeds are often used in residential transactions for enhanced buyer protection.
Final Thoughts on Special Warranty Deed vs. General Warranty Deed
The choice between a special warranty deed and a general warranty deed depends on the level of protection and assurance desired by both the buyer and seller in a real estate transaction. A special warranty deed provides limited warranties, focusing on the grantor's actions during their ownership, while a general warranty deed offers broader warranties, covering not only the grantor's ownership but also previous owners and potential title defects. The decision often depends on several factors, such as transaction type, risk tolerance, etc. Seeking legal advice and conducting thorough due diligence is essential to ensure an appropriate choice is made, providing security and peace of mind for all parties involved.
If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.
