IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. A Special Warranty Deed (also called a Limited Warranty Deed or Grant Deed in some states) provides LIMITED warranty protection—the Grantor warrants ONLY against title defects arising during Grantor's period of ownership. Consult a qualified real estate attorney in your state and obtain title insurance before use.

SPECIAL WARRANTY DEED

(Limited Warranty Deed)

STATE-SPECIFIC TERMINOLOGY GUIDE

TABLE OF CONTENTS

1. Document Header & Recording Information
2. Parties and Definitions
3. Conveyance Language
4. Limited Warranty Covenants
5. Exceptions and Permitted Encumbrances
6. Grantor Representations
7. Remedies and Limitations
8. General Provisions
9. Execution and Acknowledgment
10. State-Specific Addenda
11. Exhibits

1. DOCUMENT HEADER & RECORDING INFORMATION

Prepared By:

Name: ____________________________________________
Address: _________________________________________
Phone: ___________________________________________
Bar Number (if required): _________________________

Return Recorded Document To:

Name: ____________________________________________
Address: _________________________________________
_________________________________________

Property Tax Statements To:

Name: ____________________________________________
Address: _________________________________________
_________________________________________

RECORDING INFORMATION

CONSIDERATION AND TRANSFER TAXES

2. PARTIES AND DEFINITIONS

GRANTOR (Current Owner/Seller):

Name: [GRANTOR FULL LEGAL NAME]

Type:
☐ Individual
☐ Married Individual (spouse joining)
☐ Unmarried Individual
☐ [State] Limited Liability Company
☐ [State] Corporation
☐ [State] Partnership
☐ Trustee of [Trust Name] dated [Date]
☐ Other: _______________________

Address: [FULL MAILING ADDRESS]

GRANTEE (New Owner/Buyer):

Name: [GRANTEE FULL LEGAL NAME]

Type:
☐ Individual
☐ Married Individuals as Joint Tenants with Right of Survivorship
☐ Married Individuals as Tenants by the Entirety
☐ Tenants in Common (specify percentages)
☐ [State] Limited Liability Company
☐ [State] Corporation
☐ Trustee of [Trust Name] dated [Date]
☐ Other: _______________________

Address: [FULL MAILING ADDRESS]

DEFINITIONS

"Deed" means this Special Warranty Deed (or Limited Warranty Deed/Grant Deed as applicable).

"Deed Date" or "Effective Date" means _________________, 20_____.

"Property" means the real property legally described in Exhibit A, including all improvements, fixtures, appurtenances, and rights.

"Consideration" means [AMOUNT IN WORDS] Dollars ($[NUMERIC]).

"Grantor's Ownership Period" means from [DATE GRANTOR ACQUIRED TITLE] through the Deed Date.

"Permitted Encumbrances" means those matters listed in Section 5.

3. CONVEYANCE LANGUAGE

3.1 Words of Conveyance

FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby:

GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY

unto Grantee, and Grantee's heirs, successors, and assigns forever, all of Grantor's right, title, and interest in and to the Property described in Exhibit A.

3.2 Property Interest Conveyed

Grantor conveys FEE SIMPLE title to the Property, together with:

☐ All buildings, structures, and improvements
☐ All fixtures permanently attached to the Property
☐ All easements, hereditaments, and appurtenances
☐ All rights in adjacent streets, alleys, and ways
☐ All water and mineral rights (unless excepted)
☐ All rents, issues, and profits (unless separately assigned)

3.3 Habendum (To Have and To Hold)

TO HAVE AND TO HOLD the above-described Property, together with all and singular the rights, privileges, and appurtenances thereunto belonging or in anywise appertaining, unto Grantee, Grantee's heirs, successors, and assigns forever.

4. LIMITED WARRANTY COVENANTS

4.1 IMPORTANT: SCOPE OF WARRANTY

NOTICE: THIS IS A SPECIAL WARRANTY DEED

Grantor's warranties are LIMITED to matters arising by, through, or under Grantor during Grantor's Ownership Period. Grantor does NOT warrant against defects arising before Grantor acquired the Property or from acts of prior owners.

4.2 Covenants Made by Grantor

Grantor covenants with Grantee, LIMITED to Grantor's Ownership Period, that:

A. Covenant of Seisin (Limited)
Grantor is lawfully seized of the Property in fee simple and has good right to convey the same.

B. Covenant of Right to Convey (Limited)
Grantor has full power and lawful authority to convey the Property.

C. Covenant Against Grantor's Acts (Limited)
Grantor has not done or suffered anything whereby the Property has been encumbered, except as disclosed herein.

D. Covenant Against Encumbrances (Limited)
The Property is free from encumbrances made or suffered by Grantor, except Permitted Encumbrances.

E. Covenant of Quiet Enjoyment (Limited)
Grantor will warrant and defend the title against claims arising by, through, or under Grantor, but not otherwise.

F. Covenant of Further Assurances (Limited)
Grantor will execute reasonable documents to confirm or perfect this conveyance as to matters within Grantor's control.

4.3 Comparison: Special vs. General Warranty

4.4 Express Exclusions from Warranty

Grantor DOES NOT WARRANT against:

☐ Title defects existing before Grantor acquired the Property
☐ Encumbrances created by prior owners
☐ Claims of parties not claiming through Grantor
☐ Boundary disputes predating Grantor's ownership
☐ Environmental conditions from prior ownership
☐ Governmental regulations, zoning, or building codes
☐ Matters that would be revealed by accurate survey
☐ Rights of parties in possession not claiming under Grantor

5. EXCEPTIONS AND PERMITTED ENCUMBRANCES

5.1 Standard Exceptions

This conveyance is made SUBJECT TO the following:

☐ Real property taxes and assessments, a lien not yet due and payable
☐ Supplemental taxes assessed pursuant to state law
☐ Covenants, conditions, restrictions, and easements of record
☐ Rights-of-way and easements for utilities and drainage
☐ Zoning laws, regulations, and ordinances
☐ Building and use restrictions imposed by governmental authority
☐ Mineral reservations of record (if any)
☐ Rights of tenants, as tenants only, under unrecorded leases

5.2 Specific Exceptions

The following specific matters are excepted from the warranty:

1. ________________________________________________________________
   [Recording Reference: ________________________________________]

2. ________________________________________________________________
   [Recording Reference: ________________________________________]

3. ________________________________________________________________
   [Recording Reference: ________________________________________]

☐ See Exhibit B for complete list of specific exceptions

6. GRANTOR REPRESENTATIONS

Grantor represents and warrants to Grantee as of the Deed Date:

6.1 Authority

☐ Grantor has full legal capacity and authority to execute this Deed
☐ If entity: Grantor is duly organized, validly existing, and in good standing
☐ If entity: Execution is duly authorized by all necessary corporate/company action

6.2 Title During Ownership

☐ During Grantor's Ownership Period, Grantor has not conveyed, mortgaged, or encumbered the Property except as disclosed
☐ No liens have attached to the Property through Grantor's actions except as disclosed

6.3 No Litigation by Grantor

☐ Grantor has not initiated any action that would affect title
☐ To Grantor's knowledge, no claims against the Property arise from Grantor's acts

6.4 FIRPTA Status

☐ Grantor is NOT a "foreign person" under 26 U.S.C. § 1445
☐ Grantor IS a "foreign person" (FIRPTA withholding may apply)

6.5 Bankruptcy Status

☐ Grantor is not a debtor in bankruptcy
☐ No bankruptcy petition is pending or contemplated

6.6 Marital Status (if individual)

☐ Grantor is unmarried
☐ Grantor is married and spouse is joining in this conveyance
☐ Property is Grantor's separate property (attach documentation)

6.7 Survival of Representations

These representations survive delivery for _______ years [default: 2 years].

7. REMEDIES AND LIMITATIONS

7.1 Breach of Warranty

If Grantee discovers a breach of Grantor's limited warranties:

Step 1 - Written Notice
Grantee shall provide written notice specifying:
- Nature of the claim or defect
- Claimant information (if third-party claim)
- Damages sought or incurred

Step 2 - Cure Period
Grantor shall have thirty (30) days to:
- Cure the defect
- Remove or bond over the lien
- Defend against the claim

Step 3 - Available Remedies
If not cured, Grantee may pursue:
- Monetary damages (limited per Section 7.2)
- Quiet title action
- Recovery of reasonable attorney fees

7.2 LIMITATION OF LIABILITY

MAXIMUM LIABILITY: $[CONSIDERATION AMOUNT]

Grantor's total liability shall not exceed the Consideration actually paid.

EXCLUDED DAMAGES:
- Consequential or incidental damages
- Punitive or exemplary damages
- Lost profits or business interruption
- Diminution in value beyond Consideration paid

7.3 Sole Remedy

The remedies in this Section 7 are Grantee's sole and exclusive remedies for breach of the limited warranties, except in cases of Grantor's fraud or intentional misrepresentation.

8. GENERAL PROVISIONS

8.1 Governing Law

This Deed is governed by the laws of the State of [STATE].

8.2 Venue

Actions arising from this Deed shall be brought in the courts of [COUNTY], [STATE].

8.3 Entire Agreement

This Deed constitutes the entire agreement regarding the conveyance. No oral agreements modify this Deed.

8.4 Amendment

Amendments must be in writing, executed by all parties, and recorded.

8.5 Severability

Invalid provisions shall be severed; remaining provisions continue in effect.

8.6 Successors and Assigns

Covenants run with the land and bind heirs, successors, and assigns.

8.7 Construction

• Headings are for convenience only
• Singular includes plural
• "Including" means "including without limitation"

8.8 Time of Essence

Time is of the essence for all obligations under this Deed.

9. EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the Deed Date.

GRANTOR SIGNATURE(S)

Individual Grantor:
_________________________________________
Printed Name: ___________________________
Date: ___________________________________
Spouse (if joining):
_________________________________________
Printed Name: ___________________________
Date: ___________________________________
Entity Grantor:
[ENTITY NAME]

By: _____________________________________
Printed Name: ___________________________
Title: __________________________________
Date: ___________________________________

WITNESS SIGNATURES (If Required by State)

Witness 1:
_________________________________________
Printed Name: ___________________________
Address: ________________________________

Witness 2:
_________________________________________
Printed Name: ___________________________
Address: ________________________________

NOTARY ACKNOWLEDGMENT

Individual Acknowledgment:
STATE OF _______________________
COUNTY OF _____________________

On this _____ day of _________________, 20_____, before me, a Notary Public
in and for said state, personally appeared _________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.

WITNESS my hand and official seal.

_________________________________________
Notary Public
My Commission Expires: __________________

[NOTARY SEAL]
Corporate/Entity Acknowledgment:
STATE OF _______________________
COUNTY OF _____________________

On this _____ day of _________________, 20_____, before me, a Notary Public
in and for said state, personally appeared _________________________________,
who proved to me on the basis of satisfactory evidence to be the
_________________________ [title] of _________________________________ [entity],
the entity that executed the within instrument, and acknowledged to me that
such entity executed the same.

WITNESS my hand and official seal.

_________________________________________
Notary Public
My Commission Expires: __________________

[NOTARY SEAL]

10. STATE-SPECIFIC ADDENDA

TEXAS REQUIRED NOTICE

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

☐ Check if Texas property - include above notice

CALIFORNIA DOCUMENTARY TRANSFER TAX STATEMENT

☐ Documentary transfer tax is $____________
☐ Computed on full value of property
☐ Computed on full value less liens/encumbrances remaining at time of sale
☐ Unincorporated area: $_____ County tax
☐ City of ______________: $_____ City tax

FLORIDA DOCUMENTARY STAMP TAX

☐ Documentary stamps in the amount of $__________ affixed
☐ Florida Statute 201.02

OTHER STATE-SPECIFIC REQUIREMENTS

☐ Preliminary Change of Ownership Report (California)
☐ Real Estate Transfer Declaration (various states)
☐ Affidavit of Property Value (Arizona)
☐ Land Value Statement (various states)

11. EXHIBITS

EXHIBIT A – LEGAL DESCRIPTION

Property Address:
[FULL STREET ADDRESS]
[CITY], [STATE] [ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Assessor's Parcel Number: [NUMBER]

EXHIBIT B – SPECIFIC PERMITTED ENCUMBRANCES

[List all specific encumbrances from title commitment that remain after closing]

1. _________________________________________________________________

2. _________________________________________________________________

3. _________________________________________________________________

TITLE INSURANCE RECOMMENDATION

IMPORTANT NOTICE TO GRANTEE:

This Special Warranty Deed provides LIMITED protection. The Grantor only warrants against defects arising during Grantor's ownership. You are STRONGLY ENCOURAGED to obtain an owner's policy of title insurance to protect against:

• Defects from prior owners
• Unknown liens and encumbrances
• Forgery and fraud
• Recording errors
• Boundary disputes

☐ Grantee acknowledges receipt of this recommendation
☐ Grantee has obtained / will obtain title insurance
☐ Grantee declines title insurance (NOT RECOMMENDED)

END OF SPECIAL WARRANTY DEED