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Updated almost 7 years ago on . Most recent reply

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Brandon Yuan
  • Houston, TX
9
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38
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Is Special Warranty Deed a Common Practice for Apartment deals?

Brandon Yuan
  • Houston, TX
Posted

Is Special Warranty Deed a common practice for multi family apartment deals? That's what the listing broker told me and said I can ask for General Warranty Deed instead but that would put me at disadvantage against other buyers' offer. 

Is it really common/acceptable for apartment or commercial deals? I understand the difference between the Special vs General, so obviously general is preferred. but in order to get the deal, is that an acceptable risk? How does the title insurance work in this case then? Would they still do overall title search to identify any issue before current owner even though the owner don't warrant it? And would it increase financing difficulty as lender would probably prefer general deed instead as well

TIA for sharing your knowledge/experience on this

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17,478
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,165
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17,478
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

The type of deed used is highly regional.  Some people it blows their mind to find that in some parts of the country you will only get a quit claim deed.

A quick google search and I found that in Texas on commercial properties, special warranty deeds are what are commonly used.

http://www.lonestarlandlaw.com/deeds_in_texas.html

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