Special Warranty Deed - Arkansas

IMPORTANT LEGAL NOTICE
This Special Warranty Deed provides LIMITED warranty protection. The words "grant, bargain, and sell" create express covenants under ACA 18-12-102, but the special warranty language limits Grantor's liability to claims arising during Grantor's ownership period. Arkansas recognizes dower and curtesy rights - both spouses should sign any deed. Obtain title insurance for complete protection.

SPECIAL WARRANTY DEED

State of Arkansas

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Arkansas Bar No. (if attorney): _______________

DEED INFORMATION

TRANSFER TAX CALCULATION

Tax Compliance Affidavit Required: ☐ Yes ☐ No (exempt - see below)

Transfer Tax Exemptions (ACA 26-60-102)

☐ Gift or conveyance for $100 or less
☐ Deed to/from United States or State of Arkansas
☐ Deed to correct or replace prior deed where tax was paid
☐ Deed in judicial proceeding to enforce security interest
☐ Other exemption: ________________________________

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, spouse joining (REQUIRED for full title protection)
☐ A married person, conveying separate property

Entity Type (if applicable):
☐ An Arkansas limited liability company
☐ An Arkansas corporation
☐ A [State] limited liability company authorized to do business in Arkansas
☐ A [State] corporation authorized to do business in Arkansas
☐ Trustee of [Trust Name]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife as tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As an Arkansas limited liability company
☐ As an Arkansas corporation
☐ As Trustee of [Trust Name]

CONVEYANCE

Granting Clause

KNOW ALL MEN BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor"), of [COUNTY] County, Arkansas, for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto [GRANTEE NAME] ("Grantee"), of [COUNTY] County, [STATE], all of that certain property situated in [COUNTY] County, Arkansas, and more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (the "Property").

Express Covenants Under ACA 18-12-102

Pursuant to Arkansas Code Annotated Section 18-12-102, the words "grant, bargain, and sell" in this deed are an express covenant that:

1. The Grantor is seized of an indefeasible estate in fee simple, free from encumbrances done or suffered by the Grantor except as set forth herein; and

2. The statutory quiet-enjoyment covenant protects against claims by Grantor, Grantor's heirs and assigns, and all other persons whatever, unless the deed limits it by express words. This Deed expressly limits that covenant to claims by, through, or under Grantor, as stated in the Special Warranty Covenants below.

Property Conveyed

TOGETHER with all and singular the rights, privileges, tenements, hereditaments, and appurtenances thereto belonging, including but not limited to:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in and to adjacent streets, alleys, and roads
☐ All water rights appurtenant to the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's heirs, successors, and assigns forever.

SPECIAL WARRANTY COVENANTS

Limited Warranty

Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors, and assigns to WARRANT AND FOREVER DEFEND, all and singular the Property unto Grantee, Grantee's heirs, successors, and assigns, against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. Grantor warrants title only against claims arising by, through, or under Grantor during Grantor's period of ownership. Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects created by prior owners
☐ Encumbrances not created by Grantor
☐ Claims of parties not claiming under Grantor
☐ Matters of public record prior to Grantor's acquisition
☐ Dower or curtesy rights of prior owners' spouses

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO the following:

Standard Exceptions

☐ Taxes and assessments for the current year and subsequent years, not yet due and payable
☐ Visible and apparent easements on the Property
☐ All presently recorded restrictions, reservations, covenants, conditions, and easements
☐ Building and zoning laws and regulations
☐ Rights of parties in possession

Specific Exceptions

1. [LIEN/ENCUMBRANCE DESCRIPTION]
   Recorded in Book _____, Page _____, Records of [COUNTY] County, Arkansas

2. [EASEMENT DESCRIPTION]
   Recorded in Book _____, Page _____, Records of [COUNTY] County, Arkansas

3. [RESTRICTION DESCRIPTION]
   Recorded in Book _____, Page _____, Records of [COUNTY] County, Arkansas

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Grantor represents and warrants as of the date of this deed:

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing
☐ If entity: This conveyance has been duly authorized by all necessary action

Dower and Curtesy

☐ Grantor is unmarried and no dower/curtesy rights apply
☐ Grantor is married and spouse is joining in this conveyance to release dower/curtesy rights
☐ Spouse has separately released dower/curtesy rights

FIRPTA Compliance

☐ Grantor is not a "foreign person" under 26 U.S.C. § 1445(f)(3); any separate nonforeign affidavit or qualified-substitute statement will be handled at closing
☐ Grantor is a "foreign person"; the closing parties will determine the applicable withholding rate, exemption, qualifying statement, or reduced-withholding procedure under 26 U.S.C. § 1445

EXECUTION

EXECUTED this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (RECOMMENDED to release dower/curtesy):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

OPTIONAL WITNESS SIGNATURES (Two Disinterested Witnesses under ACA 18-12-104)

IMPORTANT: ACA 18-12-104 states a two-disinterested-witness execution route. Arkansas Supreme Court authority also recognizes a deed duly acknowledged as required by law as effective without subscribing witnesses. Do not require these witness signatures in addition to the acknowledgment below.

Witness 1:
________________________________________
Printed Name: ___________________________
Date Witnessed: _________________________

Witness 2:
________________________________________
Printed Name: ___________________________
Date Witnessed: _________________________

ACKNOWLEDGMENT

Individual Acknowledgment (Arkansas)

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned Notary Public, within and for said County and State,
personally appeared ____________________________________________,
to me known to be the identical person(s) who executed the within
and foregoing instrument, and acknowledged that he/she/they executed
the same as his/her/their free and voluntary act and deed for the
uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Arkansas)

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned Notary Public, within and for said County and State,
personally appeared ____________________________________________,
to me known to be the _________________________ [title] of
_________________________________________________ [entity name],
and acknowledged that he/she executed the foregoing instrument
as the free and voluntary act and deed of said entity for the
uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Arkansas [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Arkansas, as per plat recorded in Plat Book ___, Page ___, of the records of [COUNTY] County, Arkansas.

• Part of the [DIRECTION] Quarter of the [DIRECTION] Quarter of Section ___, Township ___ [NORTH/SOUTH], Range ___ [EAST/WEST], [COUNTY] County, Arkansas, more particularly described as: [METES AND BOUNDS]

County: [COUNTY], Arkansas

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

ARKANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Circuit Clerk, [COUNTY] County, Arkansas
• Recording Fee: Varies by county (check with Circuit Clerk)
• Transfer Tax: $3.30 per $1,000 of consideration

Document Requirements

☐ Original signatures in black or blue ink
☐ Either two-disinterested-witness execution under ACA 18-12-104 or a proper acknowledgment for recording
☐ Tax Compliance Affidavit signed by Grantee with Grantee's address
☐ Transfer tax paid and submitted with deed
☐ Legible, minimum 8-point font

Dower and Curtesy Notice

IMPORTANT: Arkansas is one of the few states that continue to recognize traditional common law rights of dower and curtesy. Both spouses should always sign a deed transferring real estate owned by either spouse - even if the property is not a homestead.

Statutory References

• ACA 18-12-102 - Express covenants from "grant, bargain, and sell"
• ACA 18-12-104 - Two-disinterested-witness execution route; duly acknowledged execution is an effective alternative
• ACA 18-12-201 - Acknowledgment requirements for recording
• ACA 18-12-205 - Certificate of acknowledgment
• ACA 18-12-403 - Homestead conveyance; spousal joinder (dower/curtesy release)
• ACA 26-60-102 - Transfers exempt from Real Property Transfer Tax
• ACA 26-60-105 - Real Property Transfer Tax rate ($3.30 per $1,000 of consideration)
• ACA 26-60-110 - Recordation of deed; transfer-tax/exemption certification

TRANSFER TAX CERTIFICATION

The undersigned Grantee hereby certifies that the total consideration paid for the property described herein is $________________, and the transfer tax due has been computed at the rate of $3.30 per $1,000 of consideration.

☐ This transfer is exempt from transfer tax because: ________________________________

Grantee's Address for Tax Statements:

________________________________________
________________________________________
________________________________________

________________________________________
Grantee Signature                    Date

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF SPECIAL WARRANTY DEED

Arkansas Code Annotated Title 18, Chapter 12