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.
As a seller you only warrant against defects occurring during your ownership. Why should you warrant for problems created by prior owners?
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.
Founded in 1960, ATGF provides best in class title insurance underwriting and services for more than 60 years. The company's mission is helping agents succeed through trusted products and services, innovative technology and amazing support. The company currently pursues this mission by underwriting, training and supporting agents in Colorado, Utah, Minnesota, North Dakota, Nevada, and Arizona. ATGF has maintained a strong Financial Stability Rating(r) (FSR) of A, Exceptional, from the independent rating agency, Demotech, Inc.