Templates Real Estate Special Warranty Deed
Special Warranty Deed
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IMPORTANT LEGAL NOTICE
In Delaware, the words "grant and convey" operate as a special warranty against the grantor and grantor's heirs (25 Del. C. 121). Any deed that fails to contain the words "grant and convey" may not be insurable. This deed provides LIMITED warranty protection covering only the grantor's period of ownership. Obtain title insurance for complete protection.


SPECIAL WARRANTY DEED

State of Delaware


RECORDING INFORMATION

Prepared By and Return To:
Name: ________________________________________
Address: _____________________________________
_____________________________________
Delaware Bar No. (if attorney): ______________


PROPERTY INFORMATION

Field Information
County ☐ Kent ☐ New Castle ☐ Sussex
Property Address [STREET ADDRESS, CITY, DE ZIP]
Tax Parcel ID [PARCEL ID]
Prior Deed Reference Deed Book _____, Page _____
Legal Description See Exhibit A

DELAWARE REALTY TRANSFER TAX

Item Amount
Consideration / Fair Market Value $[AMOUNT]
State Transfer Tax (2.5%) $[AMOUNT]
County Transfer Tax (varies - typically 1.5%) $[AMOUNT]
Total Transfer Tax $[AMOUNT]
Recording Fee $[AMOUNT]
Total Due $[TOTAL]

Note: Transfer tax is customarily split equally between Buyer and Seller.

Required Tax Forms

☐ Form RTT-TAX - Realty Transfer Tax Return and Affidavit of Gain and Value
☐ Form RTT-SCH - First-Time Homebuyer Credit (if applicable)
☐ Form REW-EST - Estimated Withholding Tax (if applicable)

County-Specific Forms

Kent County:
☐ First Time Homebuyer Certification Form
☐ New Property Owner Information Form

New Castle County:
☐ New Castle County-specific affidavit forms

Sussex County:
☐ General Information Sheet
☐ Sussex County Transfer Tax Affidavit


PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ Single
☐ Married, spouse joining
☐ Married, separate property

Entity Type (if applicable):
☐ A Delaware limited liability company
☐ A Delaware corporation
☐ A [State] limited liability company registered in Delaware
☐ A [State] corporation registered in Delaware
☐ Trustee of [Trust Name]


GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ Individually
☐ As tenants by the entirety (married couples)
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Delaware limited liability company
☐ As a Delaware corporation
☐ As Trustee of [Trust Name]


CONVEYANCE

Granting Clause

THIS DEED, made this _____ day of _________________, 20_____, by and between [GRANTOR NAME], of [CITY], [COUNTY] County, Delaware ("Grantor"), party of the first part, and [GRANTEE NAME], of [CITY], [STATE] ("Grantee"), party of the second part.

WITNESSETH, that the said Grantor, for and in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), lawful money of the United States of America, unto the said Grantor well and truly paid by the said Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed, and confirmed, and by these presents does GRANT AND CONVEY unto the said Grantee, Grantee's heirs and assigns, all that certain lot, piece, or parcel of land situated in [HUNDRED], [COUNTY] County, State of Delaware, and more particularly described in Exhibit A attached hereto (the "Property").


Statutory Effect of "Grant and Convey" (25 Del. C. 121)

Pursuant to 25 Del. C. Section 121, the words "grant and convey" in this deed, unless specifically restricted or limited, operate as a SPECIAL WARRANTY against the Grantor and the Grantor's heirs and all persons claiming under the Grantor or them.


Property Conveyed

TOGETHER with all and singular the buildings, improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof, including:

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


Habendum Clause

TO HAVE AND TO HOLD the said lot or piece of ground above described with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, Grantee's heirs and assigns, to and for the only proper use and behoof of the said Grantee, Grantee's heirs and assigns forever.


SPECIAL WARRANTY COVENANTS

Nature of Special Warranty

AND the said Grantor, for Grantor and Grantor's heirs, executors, and administrators, does covenant, grant, and agree to and with the said Grantee, Grantee's heirs and assigns, that Grantor has not done or suffered to be done any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, are, is, or shall or may be impeached, charged, or encumbered in title, estate, or otherwise howsoever, and that Grantor will warrant and defend the same against all persons claiming by, through, or under Grantor, but against no other persons.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. The covenants and warranties of the Grantor extend only to claims arising by, through, or under Grantor. Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects or encumbrances created by prior owners
☐ Claims by parties not claiming through Grantor
☐ Matters of record prior to Grantor's acquisition


EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ All taxes and assessments, general and special, not yet due and payable
☐ Building and zoning laws, ordinances, and regulations
☐ Restrictions, conditions, and easements of record
☐ Facts an accurate survey would disclose
☐ Rights of tenants in possession, if any

Specific Exceptions

  1. [SPECIFIC EXCEPTION]
    Recorded in Deed Book _____, Page _____, [COUNTY] County Records

  2. [SPECIFIC EXCEPTION]
    Recorded in Deed Book _____, Page _____, [COUNTY] County Records

  3. [SPECIFIC EXCEPTION]
    Recorded in Deed Book _____, Page _____, [COUNTY] County Records

☐ See Exhibit B for additional exceptions


GRANTOR REPRESENTATIONS

Authority

☐ Grantor has full power and authority to execute and deliver this deed
☐ If entity: Grantor is duly organized and in good standing
☐ If entity: This conveyance has been duly authorized

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. Section 1445
☐ Grantor is a "foreign person" - Form REW-EST submitted


EXECUTION

IN WITNESS WHEREOF, the said Grantor has hereunto set Grantor's hand and seal the day and year first above written.


GRANTOR SIGNATURE(S)

SIGNED, SEALED, AND DELIVERED
in the presence of:

Individual Grantor:

________________________________________ (SEAL)
[GRANTOR NAME]
Spouse of Grantor (if applicable):

________________________________________ (SEAL)
[SPOUSE NAME]
Entity Grantor:

[ENTITY NAME]

By: ____________________________________ (SEAL)
Name: __________________________________
Title: _________________________________


ACKNOWLEDGMENT

Acknowledgment Within Delaware (25 Del. C. 122)

STATE OF DELAWARE )
) ss.
[COUNTY] COUNTY )

BE IT REMEMBERED, that on this _____ day of _________________, 20_____,
personally came before me, the subscriber, a Notary Public for the State
of Delaware, ____________________________________________, party to this
Deed, known to me personally to be such, and acknowledged this Deed to
be his/her/their act and deed.

GIVEN under my hand and seal of office, the day and year aforesaid.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Acknowledgment Outside Delaware (25 Del. C. 129)

STATE OF _____________ )
) ss.
COUNTY OF ____________ )

On this _____ day of _________________, 20_____, before me, a Notary
Public, 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).

WITNESS my hand and official seal.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment

STATE OF DELAWARE )
) ss.
[COUNTY] COUNTY )

BE IT REMEMBERED, that on this _____ day of _________________, 20_____,
personally came before me, the subscriber, a Notary Public for the State
of Delaware, ____________________________________________, the
_________________________ [title] of _________________________________
[entity name], party to this Deed, known to me personally to be such,
and acknowledged this Deed to be the act and deed of said entity.

GIVEN under my hand and seal of office, the day and year aforesaid.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

County: [COUNTY]
Hundred: [HUNDRED NAME]
Tax Parcel ID: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
ALL that certain lot, piece, or parcel of land and premises situated in [HUNDRED], [COUNTY] County, State of Delaware, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

BEING the same lands and premises conveyed to Grantor by deed of [PRIOR GRANTOR] dated [DATE] and recorded in the Office of the Recorder of Deeds in and for [COUNTY] County, Delaware, in Deed Book _____, Page _____.


EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

  1. ________________________________________________________________
    (Deed Book _____, Page _____)

  2. ________________________________________________________________
    (Deed Book _____, Page _____)


DELAWARE RECORDING REQUIREMENTS

Recording Offices

Delaware has three counties. Record at the Recorder of Deeds for the county where the property is located:
- Kent County - Recorder of Deeds, Dover
- New Castle County - Recorder of Deeds, Wilmington
- Sussex County - Recorder of Deeds, Georgetown

Realty Transfer Tax (30 Del. C. 5401)

  • State Rate: 2.5% of consideration
  • County Rate: Varies by county (typically 1.5%)
  • Total: Approximately 4% (customarily split between buyer and seller)

Document Requirements

☐ Words "grant and convey" REQUIRED for insurability (25 Del. C. 121)
☐ Proper acknowledgment (25 Del. C. 122, 129)
☐ Form RTT-TAX - Realty Transfer Tax Return and Affidavit
☐ County-specific affidavits and forms
☐ Recording fee
☐ Legible document meeting county formatting standards

Statutory References

  • 25 Del. C. 121 - Statutory deed form; effect of "grant and convey"
  • 25 Del. C. 122 - Acknowledgment within Delaware
  • 25 Del. C. 129 - Acknowledgment outside Delaware
  • 30 Del. C. 5401 et seq. - Realty Transfer Tax

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. 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

Delaware Code Title 25, Chapter 1

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About This Template

Jurisdiction-Specific

This template is drafted specifically for Delaware, incorporating applicable state statutes, local court rules, and jurisdiction-specific compliance requirements.

How It's Made

Drafted using current statutory databases and legal standards for real estate. Each template includes proper legal citations, defined terms, and standard protective clauses.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: February 2026