Select your state

Real property

special warranty deed

A special warranty deed is a deed transferring or conveying ownership of property in which the grantor (seller or transferor) promises (covenants) to defend the title only against other defects, liens, encumbrances, or claims made by the grantor or by someone claiming by or under the grantor.

In other words, a special warranty deed provides a limited warranty of title and does not warrant against claims or defects in the title that existed before the grantor took possession of the property.

In New York, a special warranty deed is a type of deed where the grantor (the person selling or transferring the property) guarantees the title only against defects that may have arisen during their period of ownership. This means the grantor does not warrant against any issues with the title that existed before they took possession of the property. The special warranty deed is less protective than a general warranty deed, which provides a full warranty of clear title against all claims, including those that may have arisen before the grantor's ownership. The special warranty deed is often used in commercial property transactions where the grantor is willing to stand behind the title only for the time they held it. It is important for buyers to understand the limited nature of the warranty being provided with a special warranty deed and to conduct thorough due diligence, such as obtaining a title search and title insurance, to protect their interests.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

special warranty deed

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Articles

Real property

special warranty deed