Free Special Warranty Deed Form Template

Special Warranty Deed Form

I. The Parties

This Special Warranty Deed ("Deed") is made and entered into on Month Day, Year by and between Grantor's Name, with a primary address at Grantor's Address ("Grantor"), and Grantee’s Name, with a primary address at Grantee's Address ("Grantee"). The Grantor and Grantee may collectively be referred to as the ("Parties") or individually as a ("Party").

WHEREAS, the Grantor is the lawful owner of the property described in this Deed and has full authority to transfer the said property to the Grantee;

WHEREAS, the Grantee desires to acquire the property and accepts the transfer of the property from the Grantor under the terms and conditions outlined in this Deed;

WHEREAS, the Parties agree to execute this Deed in accordance with applicable laws, and in the interest of transferring clear ownership rights to the Grantee;

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor agrees to grant and convey the property to the Grantee, subject to the terms, conditions, and warranties described herein.

II. Property Details

The property subject to this Special Warranty Deed is located at Property Addresswith tax parcel ID number Number and is legally described as follows:

Property Description

    The property includes any and all buildings, improvements, and fixtures located thereon, together with any appurtenant rights, privileges, or easements related thereto.

    III. Grant and Conveyance

    The Grantor hereby grants, conveys, and assigns to the Grantee all of the Grantor’s rights, title, and interest in and to the Property, subject to the terms, conditions, and limitations contained in this Deed. The Grantor warrants that they will execute and deliver any further documentation necessary to perfect the transfer of title as required by law or requested by the Grantee.

    The Grantor further confirms that they have received full and adequate consideration for the transfer of the Property to the Grantee, and that no further claims or demands will be made by the Grantor upon the conclusion of this transaction.

    IV. Title and Special Warranty

    The Grantor does not provide any guarantees or warranties for defects in title that may have existed prior to their ownership. This limited warranty means the Grantee assumes responsibility for any issues with the title that arose before the Grantor’s possession.

    The Grantor warrants that, during the period of their ownership, the title has been free of encumbrances, liens, claims, or disputes, except as otherwise noted in this Deed or disclosed to the Grantee. Should any title defects arise due to actions or omissions by the Grantor during their ownership, the Grantor agrees to indemnify the Grantee.

    It is understood by the Parties that the Grantor does not guarantee the title against any prior claims or encumbrances, and the Grantee accepts this limited form of protection.

    V. Covenant Against Encumbrances

    The Grantor specifically covenants that during their ownership, the Property has not been subject to any encumbrances, liens, or other restrictions, except those that have been previously disclosed in writing and accepted by the Grantee. The Grantor guarantees that no undisclosed mortgages, judgments, or tax liens have been placed against the Property during their ownership.

    Should any encumbrance arise during the Grantor's period of ownership that was not previously disclosed, the Grantor agrees to resolve or remove such encumbrance at their own expense. If any legal dispute arises as a result of these encumbrances, the Grantor agrees to defend the Grantee’s title to the Property and cover any legal fees or associated costs.

    This covenant shall survive the closing of the transaction and transfer of the Property, remaining in full effect for the period applicable under the relevant laws.

    VI. Consideration

    In consideration of the Property’s transfer, the Grantee agrees to pay the sum of Amount. The Parties confirm that the value exchanged for the Property is fair and represents full market value.

    All taxes, assessments, and fees associated with this transaction up to the closing date shall be paid by the Grantor, and those accruing after the closing date shall be the responsibility of the Grantee, unless otherwise stipulated in any accompanying agreements between the Parties.

    VII. Delivery of Possession

    Possession of the Property shall be delivered to the Grantee upon execution of this Deed and full payment of the Purchase Price. The Grantor agrees to vacate the Property, leaving it in good condition and free of any tenants, unless otherwise agreed upon in writing by the Parties.

    Should any issues or disputes concerning possession arise, the Grantor agrees to cooperate fully in resolving such matters promptly and in good faith. The Grantor also agrees to assist the Grantee with any transition or necessary legal paperwork to facilitate the proper transfer of possession. This includes, but is not limited to, providing access to keys, codes, or other necessary items for the Grantee to assume control of the Property.

    VIII. Miscellaneous Provisions

    A. Entire Agreement

    This Deed, along with any exhibits or schedules, represents the entire agreement between the Parties concerning the transfer of the Property. Any prior agreements, promises, or representations, whether oral or written, are hereby superseded and nullified by the execution of this Deed.

    B. Governing Law

    This Deed shall be governed by and construed in accordance with the laws of State Name, without regard to its conflict of laws principles. Any disputes arising from or relating to this Deed shall be resolved exclusively in the courts of State Name, unless the Parties mutually agree to an alternative dispute resolution method.

    C. Amendments

    Any amendments or modifications to this Deed must be made in writing and signed by both the Grantor and the Grantee. No oral agreements or modifications shall be effective unless confirmed by a subsequent written agreement duly executed by the Parties.

    D. Severability

    If any provision of this Deed is found to be invalid or unenforceable under applicable law, such provision shall be modified to the extent necessary to make it valid and enforceable. All remaining provisions of this Deed shall remain in full force and effect.

    E. Binding Effect

    This Deed shall bind and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns. The rights and obligations contained in this Deed shall continue even after the transfer of ownership, to the extent provided by applicable law.

    F. No Third-Party Beneficiaries

    This Deed is executed solely for the benefit of the Parties involved. No other individual or entity shall have any rights or claims under this Deed, except as expressly provided herein or required by applicable law.

    IX. Signatures

    IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year first above written.

    Grantor

    Name:

    Date:

    Grantee

    Name:

    Date:

    Witness

    Name:

    Date:

    Witness

    Name:

    Date:

    Notary Acknowledgment

    County of County Name

    State of State Name

    I, a Notary Public in the County of County Name, State of State Name, hereby certify that I personally appeared the Grantor and Grantee, who is known to me (or who have produced satisfactory evidence of identification), acknowledged before me on this day that being informed of the contents of the instrument, they executed it voluntarily.

    Sworn to and subscribed before me this Day day of Month, in the year Year,


    Notary Public

    My Commission Expires: Date

    Seal

      Name:

      Date:

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