What is a special warranty deed and how does it affect a real estate dispute?

A special warranty deed is a legal document used in real estate law that protects buyers from any liabilities for problems related to past ownership of a piece of property. It also protects the buyer from any claims that may arise from events that happened before the transfer of ownership. In a real estate dispute, a special warranty deed can help protect a buyer from any future liabilities related to the property. For example, if a previous owner is found to have committed fraud while owning the property, the buyer can rest assured that they will not be held liable for any potential legal issues that may arise. A special warranty deed also gives the buyer a certain degree of assurance that the title of the property is unencumbered. This means that the title of the property has no liens or encumbrances, such as unpaid taxes or outstanding debts, placed against it. This is typically done through a title search, which is conducted prior to closing. In order to acquire a special warranty deed, the buyer must typically sign and agree to the deed’s terms and conditions, which outline the extent of the buyer’s protection. Additionally, a special warranty deed is usually only valid for one transaction, meaning a buyer must acquire a new deed for each new transaction. Overall, a special warranty deed provides a great deal of protection for buyers from potential real estate disputes. It ensures that the buyer will not be held liable for any liabilities or claims that may arise from past ownership, and provides an assurance that the title of the property is unencumbered.

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