Special Warranty Deed

IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. A Special Warranty Deed provides LIMITED warranty protection—the Grantor only warrants against title defects arising during Grantor's period of ownership. Unlike a General Warranty Deed, it does NOT protect against defects from prior owners. Consult a qualified D.C. real estate attorney and obtain title insurance before use.

SPECIAL WARRANTY DEED

District of Columbia

TABLE OF CONTENTS

1. Document Header & Recording Information
2. Definitions
3. Operative Conveyance Provisions
4. Limited Warranty Covenants
5. Permitted Encumbrances
6. Grantor's Representations
7. Default & Remedies
8. Risk Allocation
9. Dispute Resolution & Governing Law
10. General Provisions
11. Execution & Acknowledgment
12. Exhibits & Attachments

1. DOCUMENT HEADER & RECORDING INFORMATION

Prepared By:
_______________________________________________

Return Recorded Document To:
_______________________________________________
_______________________________________________
_______________________________________________

Mail Tax Statements To:
_______________________________________________
_______________________________________________

RECORDER OF DEEDS INFORMATION

TRANSFER TAX CALCULATION

2. DEFINITIONS

"Deed" means this Special Warranty Deed.

"Deed Date" means [EFFECTIVE DATE].

"Grantor" means [GRANTOR FULL LEGAL NAME], a [individual/married individual/[STATE] limited liability company/[STATE] corporation/trustee of [TRUST NAME]], whose address is [GRANTOR ADDRESS].

"Grantee" means [GRANTEE FULL LEGAL NAME], a [individual/married individual/[STATE] limited liability company/[STATE] corporation/trustee of [TRUST NAME]], whose address is [GRANTEE ADDRESS].

"Consideration" means [WRITTEN AMOUNT] Dollars (US $[NUMERIC AMOUNT]).

"Property" means the real property described in Exhibit A, together with all improvements, fixtures, easements, rights, and appurtenances.

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

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

3. OPERATIVE CONVEYANCE PROVISIONS

3.1 Grant and Conveyance

FOR AND IN CONSIDERATION of the Consideration stated above, and other good and valuable consideration, the receipt and legal 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.

3.2 Estate Conveyed

Grantor conveys the Property in fee simple absolute, together with:

☐ All buildings, structures, and improvements thereon
☐ All fixtures attached to the Property
☐ All easements, rights-of-way, and appurtenances
☐ All rights to streets, alleys, and ways adjacent to the Property
☐ All water rights and mineral rights (unless separately reserved)
☐ Any after-acquired title or interest Grantor may obtain during Grantor's Period of Ownership

3.3 Habendum Clause

TO HAVE AND TO HOLD the Property, with all privileges and appurtenances thereunto belonging, unto Grantee, Grantee's heirs, successors, and assigns, forever.

4. LIMITED WARRANTY COVENANTS

4.1 Scope of Special Warranty

IMPORTANT: LIMITED WARRANTY

Grantor covenants and warrants ONLY as to matters arising by, through, or under Grantor during the Grantor's Period of Ownership. This Special Warranty Deed does NOT warrant against:

• Title defects existing before Grantor acquired the Property
• Claims arising from acts of prior owners
• Encumbrances created before Grantor's ownership
• Any matters not caused by Grantor

4.2 Covenants Made by Grantor

Subject to the limitations in Section 4.1, Grantor makes the following covenants:

A. Covenant of Seisin (Limited)
Grantor covenants that during Grantor's Period of Ownership, Grantor was lawfully seized of the Property in fee simple.

B. Covenant of Right to Convey (Limited)
Grantor covenants that Grantor has the right and authority to convey the Property.

C. Covenant Against Encumbrances (Limited)
Grantor covenants that during Grantor's Period of Ownership, Grantor has not created or permitted any liens, encumbrances, or defects in title except for Permitted Encumbrances.

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

E. Covenant of Further Assurances (Limited)
Grantor agrees to execute such further documents as may be reasonably necessary to confirm or perfect the conveyance, but only as to matters within Grantor's control.

4.3 What This Deed Does NOT Warrant

Grantor expressly does NOT warrant:

☐ Title defects from prior owners or their creditors
☐ Boundary disputes predating Grantor's ownership
☐ Easements or restrictions recorded before Grantor acquired title
☐ Environmental contamination from prior owners
☐ Zoning violations existing before Grantor's ownership
☐ Tax liens from prior ownership periods
☐ Judgments or claims against prior owners

5. PERMITTED ENCUMBRANCES

The conveyance is made SUBJECT TO the following Permitted Encumbrances:

5.1 Standard Exceptions

☐ Real property taxes and assessments not yet due and payable
☐ Easements, covenants, conditions, and restrictions of record
☐ Zoning, building, and land-use regulations imposed by governmental authority
☐ Rights of tenants in possession (if applicable)
☐ Visible easements and rights-of-way not shown of record

5.2 Specific Encumbrances

☐ [SPECIFIC ENCUMBRANCE 1 - e.g., "Deed of Trust recorded as Instrument No. ___"]
☐ [SPECIFIC ENCUMBRANCE 2 - e.g., "Easement to Washington Gas dated ___"]
☐ [SPECIFIC ENCUMBRANCE 3]
☐ See Exhibit B for additional encumbrances

6. GRANTOR'S REPRESENTATIONS

Grantor represents and warrants as of the Deed Date:

6.1 Authority

Grantor has full legal capacity and authority to execute and deliver this Deed.

6.2 No Undisclosed Encumbrances

During Grantor's Period of Ownership, Grantor has not created any liens, encumbrances, or claims against the Property except as disclosed in Section 5.

6.3 No Pending Actions

To Grantor's actual knowledge, there are no pending or threatened actions, suits, or proceedings that would materially affect title to the Property arising from Grantor's acts.

6.4 FIRPTA Compliance

☐ Grantor is NOT a "foreign person" as defined in 26 U.S.C. § 1445(f)(3)
☐ Grantor IS a "foreign person" and FIRPTA withholding applies

6.5 No Bankruptcy

Grantor has not filed, and is not subject to, any bankruptcy, insolvency, or similar proceeding.

6.6 Survival

The representations in this Section 6 shall survive delivery of this Deed for a period of [TWO (2)] years.

7. DEFAULT & REMEDIES

7.1 Breach of Limited Warranty

If Grantor breaches any covenant in Section 4 during the survival period:

Step 1: Notice
Grantee shall provide written notice to Grantor describing the breach with reasonable particularity.

Step 2: Cure Period
Grantor shall have thirty (30) days to cure the breach or commence good-faith efforts to cure.

Step 3: Remedies
If uncured, Grantee may pursue:

• Damages not exceeding the Consideration paid
• Specific performance (if applicable)
• Quiet title action
• Reasonable attorney fees and costs

7.2 Limitation on Liability

Grantor's aggregate liability for all breaches of this Deed shall NOT exceed:

Maximum Liability: $[CONSIDERATION AMOUNT]

Grantor shall NOT be liable for:

• Consequential, incidental, or punitive damages
• Lost profits or business interruption
• Claims arising from matters predating Grantor's ownership

8. RISK ALLOCATION

8.1 Title Insurance Recommendation

IMPORTANT NOTICE TO GRANTEE:

Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance. Title insurance will protect against:

• Title defects from prior owners
• Undiscovered liens and encumbrances
• Forgery, fraud, and recording errors
• Boundary and survey disputes

☐ Grantee acknowledges recommendation to obtain title insurance
☐ Grantee elects to waive title insurance (NOT RECOMMENDED)

8.2 Indemnification (Limited)

Grantor shall indemnify and hold harmless Grantee from claims arising solely from Grantor's breach of the limited warranties in Section 4, subject to the liability cap in Section 7.2.

8.3 No Indemnification for Pre-Existing Matters

Grantor has NO obligation to indemnify Grantee for:

• Matters arising before Grantor's Period of Ownership
• Claims by parties not claiming by, through, or under Grantor
• Environmental conditions predating Grantor's ownership

9. DISPUTE RESOLUTION & GOVERNING LAW

9.1 Governing Law

This Deed shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict-of-laws principles.

9.2 Forum Selection

Exclusive Jurisdiction:

• Superior Court of the District of Columbia; or
• United States District Court for the District of Columbia (if federal jurisdiction exists)

9.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY D.C. LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS DEED.

9.4 Attorney Fees

The prevailing party in any action to enforce this Deed shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.

10. GENERAL PROVISIONS

10.1 Entire Agreement

This Deed constitutes the entire agreement between Grantor and Grantee regarding the conveyance of the Property and supersedes all prior negotiations and agreements.

10.2 Amendment

This Deed may be amended only by a written instrument executed by all parties and recorded in the land records of the District of Columbia.

10.3 Severability

If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

10.4 Successors and Assigns

All covenants herein shall run with the land and bind and benefit the parties and their respective heirs, successors, and assigns.

10.5 Construction

• Headings are for convenience only
• "Including" means "including but not limited to"
• Singular includes plural and vice versa

10.6 Recording

This Deed shall be recorded with the Recorder of Deeds of the District of Columbia. Grantee is responsible for ensuring timely recording.

11. EXECUTION & ACKNOWLEDGMENT

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

GRANTOR SIGNATURE

Individual Grantor:

________________________________________
[GRANTOR NAME]
Date: _______________________

Entity Grantor:

[ENTITY NAME]

By: ________________________________________
Name: [AUTHORIZED SIGNATORY NAME]
Title: [TITLE]
Date: _______________________

GRANTEE ACCEPTANCE (Optional)

Grantee accepts this conveyance and acknowledges the limited nature of the warranties provided herein:

________________________________________
[GRANTEE NAME]
Date: _______________________

DISTRICT OF COLUMBIA ACKNOWLEDGMENT

Individual Acknowledgment:

DISTRICT OF COLUMBIA, ss.:

On this _____ day of _________________, 20_____, before me, the undersigned
Notary Public, personally appeared ________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument, and acknowledged
that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.


________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment:

DISTRICT OF COLUMBIA, ss.:

On this _____ day of _________________, 20_____, before me, the undersigned
Notary Public, personally appeared ________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
[TITLE] of [ENTITY NAME], the entity that executed the within instrument,
and acknowledged that such entity executed the same for the purposes therein
contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.


________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

12. EXHIBITS & ATTACHMENTS

Required Attachments

☐ Exhibit A – Legal Description of Property
☐ Exhibit B – Permitted Encumbrances (if any beyond standard exceptions)
☐ Form FP-7/C – DC Real Property Recordation and Transfer Tax Form
☐ FIRPTA Affidavit – Non-Foreign Status Certificate (if applicable)

Optional Attachments

☐ Survey or Plat
☐ Title Commitment/Report
☐ Assignment of Leases (if applicable)
☐ Bill of Sale for Personal Property (if applicable)

EXHIBIT A – LEGAL DESCRIPTION

Property Address: [STREET ADDRESS, WASHINGTON, DC ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR PRIOR DEED]

Parcel Identification:

• Square: [NUMBER]
• Suffix: [SUFFIX]
• Lot: [NUMBER]
• A&T Number: [NUMBER]

EXHIBIT B – SPECIFIC PERMITTED ENCUMBRANCES

In addition to the standard exceptions listed in Section 5.1, this conveyance is subject to the following specific encumbrances:

1. [DESCRIPTION OF ENCUMBRANCE, Recording Information]

2. [DESCRIPTION OF ENCUMBRANCE, Recording Information]

3. [DESCRIPTION OF ENCUMBRANCE, Recording Information]

END OF SPECIAL WARRANTY DEED

Recording Reminder: File within 30 days of execution to avoid $250 late penalty.
D.C. Code § 42-401 et seq.