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What is a Special Warranty Deed in Florida – A Guide for Fort Lauderdale Residents

What is a Special Warranty Deed in Florida?

Welcome! If you are researching special warranty deeds in Florida, particularly in Fort Lauderdale, you’ve come to the right place. I’m here to explain the essentials of what a special warranty deed entails and how it can impact your real estate transactions in Broward County.

Understanding Special Warranty Deeds

A special warranty deed is a specific type of deed in Florida that offers a level of protection for the grantee (buyer) but only to the extent of the grantor’s (seller’s) ownership period. This means the seller warrants that they have not done anything to create a defect in the title during their period of ownership but does not guarantee the title’s history before their ownership.

Comparison to General Warranty Deeds

General Warranty Deed: Offers broad protection, including all claims and defects, even those arising before the seller’s ownership.
Special Warranty Deed: Seller only guarantees title’s soundness during their period of ownership.

Legal Implications in Florida

Florida statutes, specifically Section 689.02, govern the use of special warranty deeds. This legislation stipulates the minimum requirements for such deeds to be deemed legally binding.

Uses and Benefits of Special Warranty Deeds

Special warranty deeds are often employed in commercial real estate transactions or times when property changes hands among multiple parties in a relatively short period. They provide a balance of protection for both buyers and sellers by maintaining some warranties without overextending the seller’s guarantee to previous ownership periods.

Pros and Cons

Pros	Cons
Provides buyer protection against title defects during seller’s ownership	Does not cover title defects prior to seller’s ownership
Suitable for commercial transactions	Less assurance for residential buyers seeking comprehensive protection
Typically easier and quicker to secure	Potential higher risk in long-term investments

Fort Lauderdale Real Estate Litigation: When to Seek Legal Help

If you encounter real estate disputes or title issues during your transactions in Fort Lauderdale or Broward County, consulting a knowledgeable real estate litigation lawyer can be crucial. These disputes may include:

Boundary disputes
Title insurance claims
Issues arising from special warranty deeds

Relevant Laws

Florida Statute 689.02: Provides the legal framework for special warranty deeds in Florida.
Florida Statute 689.025: Discusses approved forms of warranty deeds and their requirements.

Frequently Asked Questions

Question	Answer
What is a special warranty deed in Florida?	A special warranty deed guarantees that the seller has not incurred any title defects during their period of ownership.
How does a special warranty deed differ from a general warranty deed?	A general warranty deed provides a broader guarantee, covering all defects, even those existing before the seller’s ownership.
When should I consider a special warranty deed?	Special warranty deeds are often used in commercial transactions or where property changes hands frequently.
Who should I consult for real estate disputes in Fort Lauderdale?	Consulting a skilled real estate litigation lawyer in Fort Lauderdale, such as Joseph Hughes, can help resolve complex real estate issues.

Local Resources for Fort Lauderdale Residents

Resource	Website	Contact Information
Broward County Property Appraiser	Visit Site	(954) 357-6830
Broward County Clerk of Courts Real Estate Division	Visit Site	(954) 831-6565
City of Fort Lauderdale Real Estate Services	Visit Site	(954) 828-5002

When navigating the intricacies of real estate transactions in Fort Lauderdale, having an attorney you can trust is invaluable. Joseph Hughes, a reputable real estate litigation lawyer based in Fort Lauderdale, can help you understand the nuances of special warranty deeds and guide you through any legal issues you may face. With a proven track record and a commitment to client satisfaction, Joseph Hughes provides reliable legal services tailored to your specific needs.

For more information, visit Joseph Hughes Legal or contact his office directly at (954) 256-5125.