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 Texas, a special warranty deed is a type of deed where the grantor (seller or transferor) guarantees the title only against defects that may have arisen during their period of ownership. This means the grantor is not responsible for any title issues that existed before they took possession of the property. The special warranty deed is less protective for the buyer than a general warranty deed, which provides a full warranty of clear title against all claims. The special warranty deed is often used in commercial real estate transactions and in situations where the grantor wants to limit their liability for potential title defects. It is important for buyers to understand the limited nature of the warranty provided and to consider obtaining title insurance for additional protection.

Legal articles related to this topic