Types of Deeds

Posted by Julie & Justin Reddington on Wednesday, March 3rd, 2021 at 1:15pm.

In Colorado, the Seller usually pays for Title Insurance for the Buyer (unless the contract has been checked by the Buyer that they will choose and pay).  Within the contract, you can decide what type of Deed you want to give the Buyer.  There usually isn't much difference in cost, but we would always recommend calling the company of your choice to get rates.  

General Warranty Deed

A general warranty deed provides the highest level of protection for the buyer because it includes significant covenants or warranties conveyed by the grantor to the grantee. Specifically, this type of deed promises that the grantor/seller owns and/or has a legal right to sell the property, and that it is free and clear of any liens, debts, or encumbrances.  

Special Warranty Deed

A special warranty deed doesn't provide as much protection for the buyer. The grantor of this type of deed conveys the property along with just two warranties—that the grantor does indeed hold title to the property, and that the property wasn't encumbered during the grantor's period of ownership. It doesn't guarantee that it was unencumbered before the grantor took ownership, however. 

You'll most likely encounter this type of deed when a trust or estate is transferring property, or when commercial property is sold. The seller might not have any knowledge of what transpired with the property before taking ownership, so it won't guarantee that the title was free before that point in time. 

 

There could be other types of deed depending on the type of sale.  Contact your Estate planner or Attorney for more information

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