How Does a Limited Warranty Deed Work?

Image of people reviewing legal documents with pens in their hands. Captioned: How Does a Limited Warranty Deed Work?

When you pass along a title with a limited warranty deed, you pass along assurances that the title has not been clouded under your watch.

The limited warranty deed doesn’t offer the full set of title assurances that fortify a general warranty deed. But it carries higher assurances than a quitclaim — which doesn’t declare a property free and clear of liens or other issues. A special warranty deed tells us that the party conveying it has the right to do so, and that any known burdens on the title are obvious on the deed. There is no guarantee against any title defects dating from earlier owners, though.

Limited warranty deeds, also called special warranty deeds, are uncommon in standard home purchase agreements. But they are frequently chosen for transferring title when a general warranty deed is too risky for a seller to offer, or simply inappropriate for the transfer.

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What is a Special Warranty Deed?

If you’re like most people planning to make a real estate purchase, you want to know that the property you’re purchasing is actually owned by the seller, that it’s in reasonably good shape, and that the title is free of defects. Real estate transactions aren’t always as seamless or clean as buyers might like, though. A special warranty deed—sometimes referred to as a limited warranty deed—warrants only against defects during the seller’s time as property owner. It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.

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