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The main difference between these deeds is that general warranty deeds apply to the entire history of a piece of land while special warranty deeds only cover the period of time that the previous owner (the grantor) has held the land. As such, special warranty deeds offer fewer protections to a grantee.
The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.
It is also important to understand that in Texas, a valid deed must be drafted by an attorney. Simply writing up a deed on your own and having it notarized does not make the document legally binding.
To create a special warranty deed in Texas, you will need to obtain a form, complete it, have it signed and notarized, and record it with the county clerk. Special warranty deeds provide assurance of clear title, the ability to avoid probate, and flexibility in transferring ownership of any type of real property.
In real estate transactions, the type of deed used to transfer ownership affects both buyers and sellers. In Texas, a Special Warranty Deed is a common option, especially in commercial and foreclosure sales.
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