Home Buying in Livingston>Question Details

yuwang163, Home Buyer in Livingston, TX

Should a new home builder gives a special warranty deed or general warranty deed?

Asked by yuwang163, Livingston, TX Thu Jun 27, 2013

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Both General Warranty Deeds and Special Warranty Deeds can be used for real estate sales where a property, either residential or commercial, is transferred between parties unfamiliar with each other. Ownership of a property is transferred from the seller to the buyer with certain guarantees against future problems or claims, which protect the buyer against fraud. The difference between a Warranty Deed and Special Warranty Deed is the extent of the coverage of the warranty.

Both types of Warranty Deeds (Special and General) guarantee the buyer:

•That the seller owns the title
•That the seller is legally allowed to sell the property
•That the property has not already been sold
•That the property is free of debt or other claims (aside any mentioned in the deed)
•That the seller is responsible for any problems/faults with the property

However, where the guarantees in a Warranty Deed cover the property's entire history, the Special Warranty Deed only covers the period of time for which the seller owned it. While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.

Dyana Babik

Realty Associates
0 votes Thank Flag Link Wed Nov 20, 2013
Special, Please contact me directly if you have any questions or need help finding a home. I specialize in New Construction!
0 votes Thank Flag Link Tue Nov 12, 2013
For a buyer to protect themselves they should ask for a general warranty deed. If the builder can't provide one, and gives a special warranty deed instead, the buyer should have an attorney review the special warranty deed to determine the cause. This can be a red flag.
0 votes Thank Flag Link Thu Oct 17, 2013
I've only seen a couple of builders in the last 15 years give provide a general warranty deed, but it really doesn't matter to the buyer as long as a title policy is received and the exceptions to coverage have been thoroughly reviewed and addressed.
0 votes Thank Flag Link Thu Jun 27, 2013
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