A special warranty deed transfers ownership with limited title promises. The seller promises only that no title problems arose while the seller owned the property, and makes no promise about earlier periods. It sits between a quitclaim deed, which makes no promises, and a general warranty deed, which covers the property's entire history.
Attorneys Serving All 67 Florida Counties
Florida Special Warranty Deed
A Special Warranty Deed guarantees that the seller has not caused any title defects during their ownership period. It does not cover defects that existed before the seller owned the property.
What's Included
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Experienced Real Estate Attorneys
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Quick 15-Minute Consult with an Attorney
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Personalized Deed Preparation
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Review of Client's Situation
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Online Notary Available (sign from anywhere)
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Electronic Recording Available (we file it for you)
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Electronic Delivery of Deeds
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Guaranteed Accuracy
Overview
A Special Warranty Deed guarantees that the seller has not caused any title defects during their ownership period. It does not cover defects that existed before the seller owned the property.
Key Features
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Limited guarantee
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Protects seller
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Commercial standard
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Warrants only grantor's acts
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Common in foreclosure sales
Benefits
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Balances risk
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Common in foreclosures
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Protects against seller acts
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Acceptable for some title insurance
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Standard for developers
Common Use Cases
- Commercial sales
- Foreclosures
- Trust transfers
- Corporate property sales
- REO property transfers
- Estate property sales
What's Not Included?
Our consultation fee covers a quick 15-minute attorney consultation and a customized deed for free. Additional services will be billed at a rate of $375 per hour plus other costs or expenses in addition to the consultation fee.
Transfer Taxes
Client is responsible for all related taxes and fees.
Notary Services
Available for an additional fee.
Physical Recording
Available for an extra charge.
Electronic Recording
Offered at an additional fee.
Timeshare Transfer
Available for an extra cost.
Mortgages & Liens
Handling of these is available at an additional charge.
Documentary Stamp Tax
Handling of this tax in FL is available for an additional fee.
Additional Attorney Time
Each additional hour is billed at $375/hr.
Historical Use
"As commercial real estate transactions became more complex in the 19th century, sellers (especially banks and corporations) refused to take responsibility for title issues predating their ownership. The Special Warranty Deed emerged as a compromise, limiting the seller's liability to only the time they actually held the property."
Frequently Asked Questions
A general warranty deed makes the seller responsible for covered title defects from any period. A special warranty deed limits that responsibility to defects arising during the seller's ownership. General warranty deeds are typical in Florida home sales between individuals. Special warranty deeds are common in bank, builder, commercial, and estate sales, where the seller has limited knowledge of earlier ownership.
A quitclaim deed makes no promises about the title. A special warranty deed includes a limited promise that the seller did not create title problems during the seller's ownership. A buyer receiving a special warranty deed has a claim against the seller for covered problems from that period. A recipient of a quitclaim deed has no such claim.
Special warranty deeds are common when a bank sells a property after foreclosure, when a builder sells a new home, in commercial sales, and when a business, trustee, or personal representative sells property. These sellers often did not live in the property and do not know its full history. Investors reselling a property also commonly use them. The purchase contract usually states which deed the seller must give.
The seller is responsible only for covered title defects that arose during the seller's ownership. The seller has no liability under the deed for problems that existed before. Buyers usually accept this because an owner's title insurance policy covers defects from the property's full history, subject to the policy's exceptions.
Yes. Special warranty deeds are widely used in Florida, especially in bank, builder, and commercial sales. Like any Florida deed, a special warranty deed must be signed before two witnesses and a notary and should be recorded in the county where the property is located. Title insurers routinely issue policies on property conveyed by special warranty deed.
QuickDeeds prepares a Florida special warranty deed for $350 plus costs and expenses. The fee includes a 15 minute consultation with a Florida attorney, preparation, review, and electronic delivery. QuickDeeds prepares the deed within 1 to 2 days after the consultation. Online notary and eRecording cost extra. Traditional law firms typically charge $400 to $800 for special warranty deed preparation.
Title insurance is not required by law, but lenders require a lender's policy for a mortgage, and buyers commonly buy an owner's policy. With a special warranty deed, the owner's policy matters more, because the seller's promise does not cover problems from before the seller's ownership. Florida title premiums are set by rule and are paid once at closing.
A personal representative or trustee often uses a deed with limited warranties when selling or distributing property from an estate or trust, since that fiduciary has little knowledge of the property's history. For an owner moving a home into a revocable trust, a quitclaim or warranty deed is common. To pass a home at death while keeping control, Florida owners often use a lady bird deed.
The special warranty deed gives the buyer no claim against the seller for those problems. An owner's title insurance policy may cover them, depending on the policy's terms and exceptions. A buyer without title insurance may have to resolve an earlier problem at the buyer's own expense, which can include a quiet title action. That is why most buyers receiving a special warranty deed buy an owner's policy.
A Florida attorney prepares each special warranty deed at QuickDeeds after a 15 minute phone or video consultation, not from a generic online form. The attorney confirms the seller, the buyer, and any title exceptions to list in the deed. The fee is $350 plus costs and expenses, and QuickDeeds prepares the deed within 1 to 2 days after the consultation. An attorney-prepared special warranty deed costs only slightly more than risky DIY options and includes professional review.
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DEED TYPES EXPLAINED
Types of Deeds We Prepare
We prepare a wide range of deeds to suit your specific needs, ensuring all documents are legally sound and properly recorded.
OWNERSHIP TYPES
Comparison of Ownership Types
Understand the different ways to hold title to real estate and how each impacts your rights and responsibilities.
Each ownership structure and deed type has its own benefits and drawbacks. Always consult with a licensed real estate attorney.
COMPARISON
Compare Deed Types
Find the right deed for your specific needs with our easy-to-understand breakdown of guarantees, protections, and common uses.
Not sure which deed is right for you? Consulting with a real estate attorney can help ensure the best fit for your specific situation.