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CalAttorney2
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Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Does a special warranty deed in Arizona allow grantors to

Customer Question

Does a special warranty deed in Arizona allow grantors to transfer real estate using special warranty deeds?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

A "Special Warranty Deed" is a specific type of property conveyance in which the grantor gives the title of property a limited scope of warranty.

It is easiest to compare it to other forms of deed conveyance:

-A "warranty deed" - in which the grantor guarantees the property title against all encumberances or clouds on title that occured prior to the transfer of the property.

-A "Special warranty deed" - in which the grantor guarantees the property title only against encumberances or clouds on title that arise during the ownership of, or due to the conduct of, the grantor (excludes liability for clouds on title preceding the grantor's ownership).

-A "quit claim deed" - in which the grantor does not warrant the title, and the buyer/grantee assumes all risk of liability upon transfer.

This link here provides some more elaboration on these forms of title, as well as references to AZ authorities for each: http://www.mitchell-attorneys.com/legal-articles/types-of-deeds-in-arizona-and-utah/

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