Maine Special Warranty Deed

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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This Special Warranty Deed form is used to convey an interest in real estate. In a Special Warranty Deed, the grantor does not warrant against title defects arising from conditions that existed before he/she owned the property. Special and limited warranty deeds provide that the grantor warrants only that it has not created or suffered any defect in title to occur during the period that it was in title to the property being transferred.

Special and limited warranty deeds (the terms are virtually the same) afford greater protection to the grantee than a quitclaim deed but less protection than a full or general warranty deed.

This form is for use in Maine.

This packet includes:
(1) Instructions and Checklist for Special Warranty Deed,
(2) General Information regarding Special Warranty Deeds and
(3) Special Warranty Deed

Maine Special Warranty Deed

Product Details

Product Maine Special Warranty Deed
Country United States
Pages 4
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Warranty Deed (Special)
Product number #27938
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

A Special Warranty Deed is a legal document used to convey an interest in real estate, where the grantor guarantees that they have not caused any title defects during their ownership, but does not cover issues that existed prior to their ownership.

The key difference lies in the level of protection offered. A General Warranty Deed provides broad protection against all title defects, while a Special Warranty Deed only covers defects that arose during the grantor's ownership.

This deed is suitable when the seller wants to limit their liability for past title issues, making it ideal for transactions involving property that has changed hands multiple times or when the seller is not the original owner.

Yes, a Special Warranty Deed can be used for both residential and commercial property transactions, as long as the parties agree to the terms outlined in the deed.

If title defects arise after the sale, the grantee may have limited recourse against the grantor under a Special Warranty Deed, as the grantor only warrants against defects that occurred during their ownership.

Is This Form Right For You?

Use This Form If:

  • Individuals who are selling property in Maine may need a Special Warranty Deed to ensure that they are only responsible for title issues that arose during their ownership. This type of deed protects sellers from claims related to defects that existed before they acquired the property.
  • Situations requiring the transfer of property between family members often benefit from a Special Warranty Deed. This form allows the grantor to convey their interest while limiting their liability for any prior title issues, making it suitable for informal transactions.
  • For those involved in real estate investment, a Special Warranty Deed can be a strategic choice when acquiring properties. It provides a balance of protection for the buyer while allowing the seller to limit their exposure to past claims.
  • Real estate agents may recommend a Special Warranty Deed when closing a sale where the seller is not the original owner. This deed type helps clarify the extent of the seller's liability regarding the property's title history.
  • In cases where a property is being sold as part of an estate settlement, executors may use a Special Warranty Deed to transfer ownership. This ensures that the estate is not held liable for any title issues that predate the decedent's ownership.

Do Not Use If:

  • – This form is not appropriate when the grantor is unsure of the title history of the property. If there are known issues with the title that predate the grantor's ownership, a Special Warranty Deed may not provide adequate protection.
  • – In situations where the seller wants to provide a full guarantee against all title defects, a General Warranty Deed should be used instead. A Special Warranty Deed would not meet the seller's intent in such cases.
  • – If the property is subject to significant liens or encumbrances, a Special Warranty Deed may not be suitable. Buyers should seek a more comprehensive form of protection to address these potential issues.
  • – For transactions involving government-owned properties or properties with complex title histories, it is advisable to consult with a legal professional before using a Special Warranty Deed. The complexities may require a different approach.
  • – This form should not be used in cases where the parties require a quitclaim deed, which offers no warranties or guarantees regarding the title. A Special Warranty Deed provides more protection than a quitclaim deed.

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