Flagler County Special Warranty Deed (Partnership Grantor) Form

A Florida partnership that sells real property held in the partnership name can convey it with a warranty that answers for the partnership's own tenure and nothing earlier. That middle position is the special warranty deed: broader than a quitclaim, narrower than the statutory warranty deed, and, in Florida, a creature of drafting rather than statute. This form prepares that deed for a partnership grantor.

A warranty confined to the grantor's own tenure

Florida prescribes two deed forms by statute: the warranty deed of section 689.02, given the effect of full common-law covenants by section 689.03, and the quitclaim deed of section 689.025, which carries none. The special warranty deed is built instead by express language. This form conveys the property in fee simple and covenants that the grantor will warrant and defend the title against the lawful claims of all persons claiming by, through, or under the grantor, but against none other. A defect that entered the chain of title before the partnership took ownership sits outside the covenant; a mortgage, judgment, or conveyance traceable to the partnership's own period of ownership sits inside it. The deed also states expressly that it is not made under the section 689.02 statutory form, which keeps the broader statutory covenants from attaching by implication.

Signing in the partnership name

Under section 620.8302 of Florida's Revised Uniform Partnership Act, property held in the name of the partnership is transferred by an instrument executed by a partner in the partnership name. The form recites exactly that arrangement: the partnership appears as grantor, Section 8 states that the deed is executed in the partnership name by the person signing below as a partner or authorized agent, and one partner or authorized agent signs the grantor block, with printed name, date, title, partnership name, and post office address beneath, the data section 695.26 requires for the person executing a recorded instrument. The notary block is the statutory short form of section 695.25(4) for a partnership, and it records whether the signer appeared by physical presence or by online notarization. The form recites one partnership grantor and one signer; partnership property held in the names of individual partners, and a conveyance by a limited liability company, a corporation, a trustee, or a natural person in that person's own right, each follow a different signing arrangement than this deed recites.

Two witnesses, and their addresses

Florida remains a two-witness state for deeds. Section 689.01 requires the grantor's signature to be made in the presence of two subscribing witnesses, and since January 1, 2024, recording law also requires each witness's printed name and post office address on the instrument; county recorders return deeds that omit them. The form carries both witness blocks with the printed-name and address lines in place, together with the 3 inch by 3 inch first-page clerk space, the parcel identification number blank, and the preparer and return blocks, so the deed arrives at the counter with the section 695.26 recording data on its face.

Inside the download

The package includes the deed as a fillable PDF, a completed example filled in for a realistic Orange County transaction, and a plain language guide that walks through every numbered section, from the consideration entry that drives the documentary stamp tax collected at recording to the source-of-title reference taken from the prior deed. The materials are informational and are not legal advice.