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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes
only and is not intended as definitive legal or tax advice. You
should not act upon this information without seeking independent
legal counsel. If you desire legal, tax or other professional advice,
please contact your attorney, tax advisor or other professional
consultant.
Deed Instruments Used to Transfer Real Property in Arizona
Question: My husband and I have signed a contract to purchase a parcel of land in Apache County. The title company says that the deed from the seller to us will be a “special warranty deed.” Does this special warranty deed mean that the title to the land is not free and clear?
Answer: No. A special warranty deed or any other deed will convey title whether or not the land is free and clear. There are basically three types of deeds used to transfer real property in Arizona. These three deeds are a general warranty deed, a special warranty deed, and a quit claim deed. A general warranty deed means that the seller warrants that the title is good since the beginning of time. In other words, if there was a forged deed in the chain of title back in the 1920's, the seller would be liable to the buyer if the buyer loses the real property to the rightful owner because of this forged deed. A special warranty deed means that the seller only warrants good title during the time that the seller owned the property. For example, if your seller purchased the parcel of land in 1998, the seller will only be warranting good title to you since 1998. The seller would have no liability for a forged deed in the 1920's. Both general warranty and special warranty deeds generally have exceptions for matters of record such as mortgages and easements. Finally, a quit claim deed has no warranties of title and the seller, or any signer of the quit claim deed, is simply saying that there is a transfer of the interest, if any, that the signer of the quit claim deed has in the real property. As a practical matter, however, in most transactions the purchaser will receive a title insurance policy, which will protect the purchaser in addition to any warranties of title by the seller in a general or special warranty deed.
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