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

A special warranty deed is an important document used in real estate law in Texas. It is a type of deed used to transfer property, wherein the seller (grantor) only guarantees the buyer (grantee) against any liabilities or claims that may arise due to the seller’s actions. In a real estate dispute, a special warranty deed may play a role in determining liability. Generally speaking, if the grantor retained some ownership of the property that is the subject of the dispute, then the special warranty deed can be used to prove that the grantor was liable for any damages or issues that arose from the sale of the property. For instance, if the title of the property was not properly conveyed to the grantee, then the grantor may be liable for any resulting legal or financial repercussions. In addition, if the grantor made any warranties or representations to the grantee in the special warranty deed, such warranties or representations may form the basis for a claim against the grantor. For example, if the grantee was promised a certain amount of land but the deed only conveyed part of the promised land, the grantee may then be able to take legal action against the grantor under the terms of the special warranty deed. In all, the special warranty deed can have a major impact on real estate disputes in Texas as it can be used to establish the liability of the grantor. It is therefore important for real estate buyers and sellers to ensure the proper completion and execution of the deed in order to protect themselves from potential claims and disputes.

Related FAQs

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

Related FAQs

Related Blog Posts