Special Warranty Deed

IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. A Special (Limited) Warranty Deed provides LIMITED warranty protection — the Grantor warrants title only against claims arising BY, THROUGH, OR UNDER GRANTOR, and NOT against defects arising before Grantor acquired title or created by prior owners. California most commonly conveys fee title by a Grant Deed (Cal. Civ. Code § 1092), which carries the two implied statutory covenants of Civil Code § 1113. A "special warranty deed" in California is, in practice, a grant deed with express limited-warranty language that confirms — and does not enlarge — the § 1113 covenants. Consult a qualified California real estate attorney and obtain an owner's policy of title insurance before use.

SPECIAL WARRANTY DEED

(Grant Deed with Limited Warranty)

State of California

RECORDING INFORMATION

Recording Requested By:
[________________________________]

When Recorded Mail This Deed and All Tax Statements To:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Prepared By:

Name: [________________________________]
Address: [________________________________]
State Bar No. (if attorney): [________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
(California recorders require a blank margin at the top of the first page — typically 2.5" — for the recording label. Confirm margin and first-page cover-sheet requirements with the county recorder under Cal. Gov. Code § 27361.)

DOCUMENTARY TRANSFER TAX DECLARATION

THE UNDERSIGNED GRANTOR(S) DECLARE(S):

Documentary Transfer Tax is: $[____]

Computed on:

☐ Full value of the property conveyed; OR
☐ Full value less the value of liens and encumbrances remaining at the time of sale.

Location of property:

☐ City of [________________________________]; OR
☐ Unincorporated area of [________________________________] County.

Parcel Number (APN): [________________________________]

Exemption (if applicable): This transfer is exempt from documentary transfer tax under Cal. Rev. & Tax. Code § [____] for the following reason:
[________________________________]

____________________________________
Signature of Declarant or Agent determining tax

DEED INFORMATION

PARTIES

GRANTOR (Current Owner / Transferor):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [________________________________]

Marital / Vesting Status:
☐ An unmarried person
☐ A married person, as his/her sole and separate property
☐ A married person, joined by spouse
☐ A registered domestic partner
☐ Trustee of [TRUST NAME], dated [__/__/____]

Entity Type (if applicable):
☐ A California limited liability company
☐ A California corporation
☐ A [STATE] limited liability company qualified to do business in California
☐ A [STATE] corporation qualified to do business in California
☐ A general / limited partnership

GRANTEE (New Owner / Transferee):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [________________________________]

Manner of Taking Title (Vesting):
☐ A single person
☐ A married couple, as community property
☐ A married couple, as community property with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As Trustee of [TRUST NAME], dated [__/__/____]
☐ A California limited liability company
☐ A California corporation

CONVEYANCE

Granting Clause (Grant Deed — Civ. Code § 1092)

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

[GRANTOR NAME] ("Grantor")

hereby GRANTS to

[GRANTEE NAME] ("Grantee")

all that real property situated in the City of [CITY], County of [COUNTY], State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), together with all improvements, tenements, hereditaments, easements, and appurtenances thereto belonging or in anywise appertaining.

Assessor's Parcel Number (APN): [________________________________]

LIMITED (SPECIAL) WARRANTY

Express Limitation of Warranty

THIS IS A SPECIAL (LIMITED) WARRANTY DEED. Grantor warrants and will forever defend title to the Property unto Grantee, Grantee's heirs, successors, and assigns, against the lawful claims of all persons claiming or to claim the same, or any part thereof, BY, THROUGH, OR UNDER GRANTOR, BUT NOT OTHERWISE.

Grantor does NOT warrant title against, and this conveyance does not extend to:

☐ Claims arising before Grantor acquired title to the Property
☐ Defects, liens, or encumbrances created or suffered by prior owners
☐ Claims of parties not claiming by, through, or under Grantor
☐ Matters of public record existing prior to Grantor's acquisition of title

Implied Covenants Under California Law (Civ. Code § 1113)

Pursuant to Cal. Civ. Code § 1113, the use of the word "grant" in this conveyance implies the following covenants — and none other — on the part of Grantor, to Grantee, and to Grantee's heirs and assigns, unless restrained by the express terms above:

1. That, previous to the execution of this conveyance, Grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than Grantee; and

2. That such estate is, at the time of execution of this conveyance, free from encumbrances done, made, or suffered by Grantor, or any person claiming under Grantor.

These statutory covenants confirm — and are not enlarged by — the express limited warranty set forth above, and may be sued upon as if expressly inserted in this conveyance.

EXCEPTIONS TO CONVEYANCE AND WARRANTY

This conveyance is made and accepted SUBJECT TO the following:

☐ General and special real property taxes and assessments for the current fiscal year, a lien not yet due and payable
☐ Covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record
☐ Any matters that an accurate survey or inspection of the Property would disclose
☐ Applicable zoning and land-use ordinances

Specific exceptions:

1. [LIEN / ENCUMBRANCE DESCRIPTION], recorded [__/__/____] as Instrument No. [____], Official Records of [COUNTY] County, California.
2. [EASEMENT DESCRIPTION], recorded [__/__/____] as Instrument No. [____].
3. [________________________________]

☐ 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 an entity: Grantor is duly organized, validly existing, and in good standing, and this conveyance has been duly authorized by all necessary action

No Undisclosed Grantor Encumbrances

☐ Grantor has not created any liens or encumbrances against the Property except as disclosed herein

FIRPTA Compliance (26 U.S.C. § 1445)

☐ Grantor is not a "foreign person" within the meaning of 26 U.S.C. § 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies

California Withholding (Rev. & Tax. Code § 18662)

☐ Grantor is a California resident or otherwise exempt from California real estate withholding
☐ California real estate withholding applies (Form 593 to be completed at closing)

EXECUTION

IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed (Grant Deed) on [__/__/____].

GRANTOR SIGNATURE(S)

Individual Grantor:

____________________________________
[GRANTOR NAME]

Spouse / Registered Domestic Partner (if joining):

____________________________________
[SPOUSE / PARTNER NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT (Cal. Civ. Code § 1189)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of [________________________________]

On [__/__/____] before me, [________________________________] (here insert name and title of the officer), personally appeared [________________________________], who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________________ (Seal)

EXHIBIT A — LEGAL DESCRIPTION

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

Assessor's Parcel Number (APN): [________________________________]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE PRELIMINARY TITLE REPORT, PRIOR DEED, OR RECORD OF SURVEY]

Example formats:

• Lot ___, of Tract No. ___, in the City of [CITY], County of [COUNTY], State of California, as per map recorded in Book ___, Page(s) ___, of Maps, in the Office of the County Recorder of said County.
• [METES AND BOUNDS DESCRIPTION]

EXHIBIT B — ADDITIONAL EXCEPTIONS (If Applicable)

1. [________________________________]
2. [________________________________]
3. [________________________________]

CALIFORNIA RECORDING REQUIREMENTS

Filing

• Filing Office: County Recorder, [COUNTY] County, California
• Recording Fees: Set by Cal. Gov. Code § 27361 and county schedule; a $75 SB 2 (Building Homes and Jobs Act) Atkins fee may apply per title, up to the statutory cap, unless an exemption is claimed. Confirm current fees with the recorder.
• Documentary Transfer Tax: $0.55 per $500 of value (county) under Rev. & Tax. Code § 11911, plus any applicable city transfer tax. Declaration must appear on the face of the deed.

Preliminary Change of Ownership Report (PCOR)

A Preliminary Change of Ownership Report (PCOR) must be filed with this deed at the time of recording (Cal. Rev. & Tax. Code § 480.3). If the PCOR is not submitted at recording, the recorder will charge an additional $20 fee, and the assessor will mail a Change in Ownership Statement that must be returned.

Document Format

☐ First-page top margin reserved for recorder (typically 2.5"); other margins ≥ 0.5"
☐ Minimum 8-point font; printed on white paper, 8.5" × 11"
☐ APN stated on the deed
☐ Documentary transfer tax declaration completed and signed
☐ Civil Code § 1189 acknowledgment with boxed disclaimer
☐ PCOR attached
☐ Return-address (mail-to) block completed

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special (Limited) Warranty Deed, the Grantor's warranty does not reach defects arising before Grantor's ownership. Grantee is strongly advised to obtain an owner's policy of title insurance (CLTA/ALTA) from a licensed California title company.

☐ Grantee acknowledges receipt of this recommendation

CALIFORNIA PRACTICE NOTES

• Grant deed vs. special warranty deed. California statutorily recognizes the grant deed (Civ. Code § 1092) and the quitclaim deed, not a separate "special warranty deed." The § 1113 covenants implied by "grant" already extend only to the grantor's own acts and encumbrances — functionally the same scope as a special/limited warranty. This template adds express limited-warranty language to make that scope explicit.
• § 1113 covenants are limited to the grantor. Both implied covenants concern only conveyances or encumbrances "done, made, or suffered by the grantor, or any person claiming under him." They do not warrant against prior-owner defects.
• Documentary transfer tax recital is mandatory on the face of the deed (Rev. & Tax. Code § 11911); if exempt, state the exemption and the R&T Code section.
• PCOR must accompany the deed at recording (§ 480.3) to avoid the $20 non-filing fee and reassessment correspondence.
• SB 2 / Atkins fee. Real estate instruments may carry an additional recording fee; transfers subject to documentary transfer tax and owner-occupied residential transfers are commonly exempt. Verify at recording.
• Spousal/community property. Where the Property is community property, both spouses should execute (Fam. Code § 1102).

SOURCES AND REFERENCES

• Cal. Civ. Code § 1092 (form of grant) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1092.
• Cal. Civ. Code § 1113 (implied covenants from "grant") — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1113.
• Cal. Civ. Code § 1189 (acknowledgment; boxed disclaimer) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1189.
• Cal. Rev. & Tax. Code §§ 11911–11930 (documentary transfer tax) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=11911.
• Cal. Rev. & Tax. Code § 480.3 (Preliminary Change of Ownership Report)
• Cal. Gov. Code § 27361 (recording fees)
• California Secretary of State, Notary Acknowledgments — https://www.sos.ca.gov/notary/acknowledgments
• 26 U.S.C. § 1445 (FIRPTA)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A California-licensed attorney must review and customize this deed before use. Verify all statutory citations, county recorder formatting, transfer-tax rates, and current recording fees before recording.

Last Updated: 2026-06-06