What is the primary function of a Special Warranty Deed?

A Special Warranty Deed primarily serves to limit claims against past owners. This type of deed provides a limited guarantee from the seller (grantor) to the buyer (grantee) that the property was not encumbered during the seller’s period of ownership, except for defined exceptions in the deed. Essentially, the seller only warrants that they have not caused any defects in the title during their ownership and does not make any promises about any defects that may have existed before their ownership. This gives the buyer some assurance that there are no issues stemming from the seller’s own actions, but it does not offer the broad protections that a general warranty deed would provide.

In contrast, other options like guaranteeing clear title indefinitely or protecting the buyer from future encumbrances do not align with the specific nature of a Special Warranty Deed, as these provisions typically pertain to General Warranty Deeds or types of insurance. Likewise, the affirmation of the seller's ownership history is not the primary focus of a Special Warranty Deed, which centers on the seller's conduct during their ownership rather than validating the entire ownership history.