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Special Warranty Deed

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STATE OF TEXAS
SPECIAL WARRANTY DEED

Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.

Control Number – TX-SDEED–8-8

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPECIAL WARRANTY DEED

Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

--------Above This Line Reserved For Official Use Only--------

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

SPECIAL WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, express or implied, does or shall exist, , an individual, hereinafter “Grantor”, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY unto , hereinafter “Grantee”, all that certain tract or parcel of land lying and being situated in the County of , City of , State of Texas, and more particularly described as follows, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

This conveyance is FURTHER MADE AND ACCEPTED SUBECT TO the following:

1.

2.

AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of persons claiming through or under Grantor, but against no other claims or encumbrances of any kind.

WITNESS Grantors’ hand and seal on this the day of , 20 .

Signature of Grantor

Type/Print Name

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).

Notary Public

My commission expires:

Type or Print Name

Grantor(s) Name, Address and phone:

Grantee(s) Name, Address and Phone:

EXHIBIT A

Grantor:

Grantee:

Legal Description:

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What a Special Warranty Deed Is and when it’s used

A Special Warranty Deed is a U.S. real estate instrument by which the seller (grantor) transfers title and warrants that the property was free of encumbrances or defects only during the period the grantor owned it. Unlike a general warranty deed, the grantor does not guarantee against defects that predate their ownership. Special Warranty Deeds are common in commercial sales, transactions by fiduciaries, and some lender or developer closings where limited title protection is negotiated.

Why choose a Special Warranty Deed in a transaction

The Special Warranty Deed limits seller liability to problems arising during their ownership while still providing the buyer with a contractual warranty. It balances reduced seller exposure with buyer protection and is often acceptable when title insurance and escrow address older title risks.

Why choose a Special Warranty Deed in a transaction

Who typically prepares or signs a Special Warranty Deed

Each party’s role focuses on accurate deed language, proper execution, timely recording, and coordinating supporting documents like affidavits, surveys, and title commitments.

  • Real estate brokers and agents coordinating closing logistics and documentation.
  • Title companies and escrow officers confirming recording and title insurance issuance.
  • Attorneys for buyer or seller drafting deed language and reviewing exceptions.

Step-by-step: Completing a Special Warranty Deed

Follow these steps in order to prepare, execute, and record a Special Warranty Deed correctly.

  • 01
    Prepare: Enter legal names, legal description, and consideration amount.
  • 02
    Verify Title: Attach title commitment and list exceptions for buyer review.
  • 03
    Execute: Seller signs before notary; include witness if state requires.
  • 04
    Record: Submit to county recorder promptly to protect buyer’s priority.

Configure an online workflow for this deed

Set fields, signing order, and recipient authentication before sending the deed for signature.

Field Configuration
Signature Block Require signature, printed name, and date for grantor and grantee
Notary Acknowledgement Add a notary block and mark as signor role 'Notary' for RON or in-person
Attachment Include title commitment and legal description as attachments
Authentication Use email + SMS code or stronger authentication for remote signers

How the electronic execution and eSubmission flow works

A clear sequence reduces errors: upload, tag fields, authenticate, sign, notarize, and record.

  • Upload: Upload deed PDF and supporting exhibits to the signing platform.
  • Tag Fields: Place signature, date, and notary fields for each party.
  • Authenticate: Verify signer identity using email, SMS or KBA for RON.
  • Record: Download final PDF/A and submit to county recorder for recording.

Digital signing and platform considerations

Confirm the platform supports the chosen notarization method (in-person or RON), produces an audit trail, and can export a print-ready, recorder-acceptable PDF.

  • File formats: PDF/X or PDF/A for long-term archiving
  • Integrations: Connect to title systems, escrow, or document management tools
  • Security: TLS in transit and AES-256 at rest

Essential components to include in a professional Special Warranty Deed

A complete deed includes several standard sections that ensure transfer clarity, enforceability, and recordability.

Premises Clause

Identifies the grantor and grantee and recites consideration, establishing who transfers and who receives title.

Legal Description

Provides the precise metes-and-bounds or lot-and-block description; critical for county recorder acceptance and title search accuracy.

Special Warranty

Language limiting the grantor’s warranty to defects occurring during the grantor’s ownership; differentiates this deed from a general warranty deed.

Exceptions

Lists recorded liens, easements, covenants, and other title exceptions that remain binding on the property and are excluded from the warranty.

Execution and Acknowledgement

Grantor signature, printed name, date, and notary acknowledgement; witness lines where state law requires them for recording.

Recording Block

A recorder’s space for instrument number, book/page, and recording date; helpful for clerk processing and indexing.

Security and compliance items to verify

Encryption: TLS 1.2/1.3 in transit
Data at rest: AES-256 encryption
Audit trail: Timestamp, IP, actions recorded
HIPAA: BAA available if needed
ESIGN/UETA: Compliant with ESIGN and UETA
Certifications: SOC 2 Type II and ISO 27001

Risks and consequences of incorrect or late recording

Title Priority: Buyer may lose priority against later-recorded liens
Tax Exposure: Incorrect consideration may affect transfer tax calculations
Recording Rejection: Clerk may reject deeds that lack required acknowledgements
Corrective Costs: Quiet title or corrective deed may be necessary
Insurance Issues: Title insurer may list additional exceptions
Fraud Risk: Mismatched names increase fraud follow-up need

Common preparation mistakes to avoid

  • Using an informal street address in place of the full legal description, which can make the deed unrecordable or cause title search discrepancies.
  • Failing to match grantor or grantee names exactly to formation or government records, creating delays or requiring corrective affidavits.
  • Omitting required witness or notary language in states that mandate witnesses for deeds, leading to recording rejection or later challenges.
  • Neglecting to attach or reference the title commitment and recorded exceptions, which can create disputes over what the warranty actually covers.

Timing and recording expectations for deeds

Record the deed promptly after closing; delays can expose the buyer to intervening liens and priority issues.

Effective Date:

Use the agreed effective date in deed; affects proration and rights

Recording Window:

Record immediately; sooner recording preserves priority over later liens

Tax Reporting:

Report transfers per state transfer tax timelines where applicable

Corrective Deeds:

File corrective or reformation deeds as soon as errors are discovered

Title Insurance Issuance:

Title policy typically issues at closing or upon recording confirmation

Real-world examples of Special Warranty Deed use

These short examples show how practitioners and small firms use limited warranties in typical transactions.

Martin Properties

A small development firm completed lot sales with special warranty deeds to limit seller exposure during phased construction.

  • Rapid online execution reduced in-person signings.
  • The founder reported that processing online preserved compliance and sped closings while title insurance addressed legacy exceptions.

Optica Ventures LLC

A commercial seller used a Special Warranty Deed when transferring a building acquired five years earlier.

  • Title insurer required specified exceptions.
  • The COO noted that simple warranty language combined with a title commitment made the transfer straightforward and defendable.

eSignature vendor comparison for executing deeds and notarizations

Compare basic pricing and key capabilities for executing, notarizing, and storing Special Warranty Deeds electronically; signNow is listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Special Warranty Deeds

Practical answers to common execution, recording, and enforceability questions about Special Warranty Deeds.


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