Special Warranty Deed Form - Virginia

A Special Warranty Deed Form in Virginia is used to transfer ownership of a property from the seller to the buyer. It provides a limited warranty from the seller, stating that they will defend against any claims made by the seller or any previous owners, but does not provide protection against claims from others.

In Virginia, the person who files the Special Warranty Deed form is typically the grantor or the person transferring the property.

FAQ

Q: What is a Special Warranty Deed?A: A Special Warranty Deed is a legal document used in Virginia to transfer ownership of real estate.

Q: What does a Special Warranty Deed do?A: A Special Warranty Deed guarantees that the property being transferred is free from any defects that occurred during the time the current owner held the property.

Q: Who uses a Special Warranty Deed?A: Both buyers and sellers can use a Special Warranty Deed in a real estate transaction in Virginia.

Q: How is a Special Warranty Deed different from a General Warranty Deed?A: A Special Warranty Deed provides limited protection to the buyer, only covering defects that occurred during the current owner's ownership, while a General Warranty Deed provides more comprehensive protection, covering all past owners of the property.

Q: Is a Special Warranty Deed valid in all states?A: No, the use and validity of a Special Warranty Deed may vary from state to state. It is important to consult with a local attorney or real estate professional to ensure compliance with state laws.

Q: Is it necessary to use a Special Warranty Deed in every real estate transaction?A: No, the type of deed used in a real estate transaction can vary depending on the specific circumstances. It is advisable to consult with a local attorney to determine the most appropriate type of deed for your situation.

Q: What are the requirements for a Special Warranty Deed to be valid?A: In Virginia, a Special Warranty Deed must be in writing, contain a legal description of the property, be signed by the grantor (seller), and be properly notarized.

Q: Can a Special Warranty Deed be used for commercial properties?A: Yes, a Special Warranty Deed can be used for both residential and commercial properties in Virginia.

Q: What happens if there are defects or title issues not covered by the Special Warranty Deed?A: If there are defects or title issues not covered by the Special Warranty Deed, the buyer may need to seek legal remedies, such as filing a lawsuit against the seller.

Q: Can a Special Warranty Deed be revoked or reversed?A: A Special Warranty Deed cannot be revoked or reversed unless both parties involved in the transaction agree to the revocation or reversal and execute a new deed to reflect the change in ownership.