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Special Warranty Deed (Property)

A legal document that transfers ownership of a property from a seller to a buyer, with a guarantee that the title is free of any encumbrances.

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Service Description

A Special Warranty Deed is a legal document that transfers ownership of a property from one party to another. Unlike a General Warranty Deed, which provides broad assurances to the buyer that the property is free from any defects or encumbrances, a Special Warranty Deed limits the seller’s liability for certain types of defects.

In a Special Warranty Deed, the seller warrants that they have legally owned the property during their ownership period and that they have not encumbered the property with any liens or mortgages that were not previously disclosed to the buyer. Additionally, the seller warrants that they have not allowed anyone else to have a claim on the property during their ownership period.

However, the seller does not provide any warranties or guarantees about any defects or encumbrances that existed prior to their ownership period. Therefore, if there are any issues with the property that occurred before the seller owned it, the buyer will not be able to hold the seller accountable for those issues.

It is important for both the buyer and seller to carefully review the Special Warranty Deed before signing it, as it is a legally binding document. The buyer should ensure that they understand the limitations of the seller’s warranties and ask any questions about the property’s history. The seller should ensure that they are comfortable with the level of liability they are accepting.

In summary, a Special Warranty Deed is a legal document that transfers ownership of a property while limiting the seller’s liability for certain types of defects. It provides some level of protection for the buyer, but it is important for both parties to carefully review and understand the requirements of the deed before signing it.

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