Arizona Special Warranty Deed Form

What Is an Arizona Special Warranty Deed Form?

An Arizona special warranty deed form transfers Arizona real estate from the current owner (grantor) to the new owner (grantee) with a limited warranty of title. When a grantor signs a special warranty deed form, the grantor guarantees that the grantor has free and clear title to the property being conveyed and will defend title against any title claims that arose while the grantor owned the property. Special warranty deed forms are recognized by various provisions of Arizona law.¹

What Is Warranty of Title?

The defining feature of an Arizona special warranty deed form is the limited warranty of title. A grantor that signs a special warranty deed form guarantees that he or she has clear title to the real estate (subject to the exceptions listed in the deed). The grantor also promises to defend the title against any claims that arose while the grantor owned the property.

Because of the role of title insurance in most real estate sales, the warranty of title provided by a special warranty deed is usually supplemented by a title insurance policy. Title insurance shifts the risk of title issues from the grantor to the title insurance company. Title insurance also adds another layer of scrutiny to help ensure that title issues are caught and addressed before the property is transferred.

Other Names for an Arizona Special Warranty Deed Form

Deeds that convey property with a limited warranty of title are called different names in different states. In most states—including Arizona—they are called special warranty deeds. In other states, like California, they are called grant deeds. In others, like Michigan, they are called covenant deeds. And other states may call them statutory warranty deeds. Each of these terms refer to the same basic type of deed form—a deed that includes a warranty of title that is limited to the period when the grantor owned the property.

How Do Arizona Special Warranty Deed Forms Relate to Other Forms of Deeds?

The limited warranty of title provided by an Arizona special warranty deed form distinguishes it from two other deed forms that are defined by their warranty of title:

• Arizona general warranty deed form. An Arizona general warranty deed form provides a warranty of title that is broader than an Arizona special warranty deed form because it extends to all title issues, including those that arose before the grantor owned the property. A special warranty deed form only covers the period that the grantor owned the property.
• Arizona quitclaim deed form. An Arizona quitclaim deed form makes no warranty of title. The grantee takes the property “as is” and assumes the risk of any title problems. If there are title issues relating to the property, the grantee cannot sue the grantor.

Arizona Special Warranty Deed Forms and Other Arizona Deeds Used in Estate Planning

An Arizona special warranty deed form also differs from Arizona deeds that are named by features other than the warranty of title. These deeds include:

• Arizona life estate deed form. A life estate deed form allows the current owner to reserve a life estate (and become a life tenant) and transfer the property at death to one or more remainder beneficiaries. The remainder beneficiaries have a present interest in the property, even though the interest is not possessory. The life tenant cannot sell, mortgage, or otherwise deal with the property without involving the remainder beneficiaries.
• Arizona beneficiary deed form. A newer deed form that, like a life estate deed, allows an owner to transfer property at death. But unlike a life estate deed, the beneficiaries have no interest in the property while the owner is still alive. The owner may deal freely with the property—and even change revoke the beneficiary designation—without involving the beneficiaries.

A life estate deed form may or may not have a warranty of title. As a result, a life estate deed may also be a quitclaim deed, special warranty deed, or general warranty deed.

Common Uses of Arizona Special Warranty Deed Forms

Special warranty deeds are becoming the most common deed form used to convey title to Arizona real estate, especially in commercial transactions. By allocating some risk to the seller without making the seller responsible for prior owners, a special warranty deed form provides a middle ground between a quitclaim deed and a general warranty deed.

Special warranty deeds are also used to transfer property to a living trust or an LLC owned by the grantor. Using a special warranty deed may provide continuity of title insurance coverage when the property is transferred to the trust or LLC.

How to Create an Arizona Special Warranty Deed

Arizona special warranty deeds are recognized by various provisions of the Arizona Revised Statutes and are well-accepted Arizona deed forms. Each special warranty deed must include precise language to create the limited warranty of title that is characteristic of special warranty deeds. Seemingly minor differences in language can have important legal consequences.

Each Arizona special warranty deed must include all of the elements required or customarily included for a valid deed, including a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.

Each Arizona special warranty deed form used by our deed preparation service was attorney-designed to be eligible for recording in all Arizona counties. Each deed comes with step-by-step instructions for signing and filing the deed with the local land records.

1. See A.R.S. § 33-402. ↩