Comparing Special Warranty Deeds to General Warranty Deeds.

In Colorado, the Contract to Buy and Sell Real Estate has historically favored the use of a General Warranty Deed. As of January 1, 2019 the default under the Contract is a Special Warranty Deed. While there are some differences, do not be afraid to use a Special Warranty Deed.

Special Warranty Deed

As a seller you only warrant against defects occurring during your ownership. Why should you warrant for problems created by prior owners?

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General Warranty Deed

As a seller you warrant against all defects back to Patent (1876 in Colorado). No matter how long you owned the property, you are potentially liable to the buyer and all future owners for all past defects occurring on title.

Your title insurance policy protects you against defects that arose prior to your immediate seller’s period of ownership. Don’t forget, you will one day be a seller and do not want to be liable for defects that arose prior to your ownership.

That’s what title insurance is for.

Both Special and General Warranty deeds guarantee that:

    • The seller owns the property 
    • The seller is legally permitted to sell the property 
    • The property has not already been sold

Talk to an Independent Title Agent about your Title Insurance options