Massachusetts 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 Massachusetts.

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

Massachusetts Special Warranty Deed

Product Details

Product Massachusetts 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 #27939
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 transfer ownership of real estate, wherein the grantor guarantees that they have not caused any title defects during their period of ownership, but does not warrant against issues that may have existed prior to their ownership.

A Special Warranty Deed is appropriate when the grantor wants to limit their liability for past title issues, making it suitable for sellers who may not have complete knowledge of the property's history.

No, a Special Warranty Deed only protects against defects that arose during the grantor's ownership. It does not cover issues that existed before the grantor acquired the property.

No, while both types of deeds transfer property interests, a Quitclaim Deed offers no warranties regarding the title, whereas a Special Warranty Deed provides some level of assurance regarding defects during the grantor's ownership.

While it is not legally required to have an attorney, it is highly recommended to ensure that the deed is properly executed and that all legal requirements are met, especially in complex transactions.

Is This Form Right For You?

Use This Form If:

  • Individuals who are selling a property in Massachusetts may opt for a Special Warranty Deed to limit their liability regarding any title issues that may have arisen before their ownership. This allows sellers to provide a level of assurance to buyers without assuming full responsibility for past title defects.
  • Situations requiring the transfer of property ownership, such as inheritance or divorce settlements, often benefit from a Special Warranty Deed. This form ensures that the grantor only warrants against issues that occurred during their ownership, making it suitable for parties who want to protect themselves from prior claims.
  • For those involved in real estate transactions where the seller has recently acquired the property, a Special Warranty Deed can be an ideal choice. It allows the seller to convey their interest while limiting their liability for any defects that existed prior to their ownership.
  • Real estate investors looking to acquire properties with a clear understanding of potential title issues may choose to use a Special Warranty Deed. This form provides a balance of protection for the buyer while allowing the seller to limit their exposure to past title problems.
  • To comply with specific local regulations or lender requirements, a Special Warranty Deed may be necessary in certain transactions. This form can help streamline the process by clearly defining the responsibilities of the parties involved.

Do Not Use If:

  • – This form is not appropriate when the grantor is unable to confirm their ownership history or if there are known title defects that could affect the transaction. In such cases, a General Warranty Deed may be more suitable.
  • – If the property being transferred is subject to significant liens or encumbrances, a Special Warranty Deed may not provide adequate protection for the grantee. A more comprehensive deed may be necessary to address these issues.
  • – In situations where the grantor is not the current owner of the property or has not held title for a sufficient period, using a Special Warranty Deed could lead to complications or disputes regarding ownership.
  • – For transactions involving commercial properties or complex real estate deals, a Special Warranty Deed may not offer the necessary protections. In these scenarios, consulting with a legal professional is advisable.

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