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What is the difference between a “special warranty” and “general warranty” deed?

These are the two types of warranties of title to real estate provided by a grantor to a grantee. Both are a guaranty by the grantor that title to the real estate vests fully in the grantee, is unencumbered by lien, and that the grantor will defend the title of grantee. The difference is the how far back in time the grantor is warranting title. A “special” warranty deed warrants title during the grantor's ownership. A “general” warranty deed warrants title all the way back in time. The default option in the PAR Standard Agreement for the Sale of Real Estate is for the seller to provide a “special warranty” deed, and that is the most common warranty of title used. As a practical matter, the best way to ensure you are protected as a buyer is to have an attorney review title and obtain title insurance at the time you purchase.

 

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