Hawaii Special Warranty Deed Form

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What Is a Special Warranty Deed In Hawaii?

A Hawaii Warranty Deed Form is a type of deed used in real estate transactions that provides a limited warranty of title to the property. The grantor, or seller, makes a special warranty of title only to the period of their own ownership and makes no warranties as to any defects or encumbrances that may have existed prior to their ownership. This type of deed is commonly used in situations where the seller has recently acquired the property and is unable to provide a full warranty of title.

How to Write Hawaii Special Warranty Deed Form

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A Special Warranty Deed Hawaii form should include the following information:

  • The names and addresses of the grantor (seller) and grantee (buyer).
  • A legal description of the property being transferred, including the tax map key number and street address, if applicable.
  • A statement of the grantor's warranty of title limited to the period of the grantor's own ownership.
  • A statement indicating that the grantor has not encumbered or conveyed the property to any other party during their ownership.
  • A statement indicating that the grantee is taking the property subject to any and all covenants, conditions, and restrictions of record.
  • The grantor's signature and the date the deed was executed.
  • Notarization of the grantor's signature.

It's important to note that this information is not exhaustive and may vary depending on the specific circumstances of the property and the parties involved. It's best to consult a lawyer or real estate professional to ensure that your deed is accurate and legally binding.

How to Get a Warranty Deed In Hawaii

In Hawaii, a warranty deed is a legal document that transfers ownership of a piece of property from the seller to the buyer. To obtain a warranty deed, the following steps should be taken:

  1. Find a seller who is willing to transfer ownership of the property to you through a warranty deed.
  2. Negotiate the terms of the sale with the seller, including the purchase price and any contingencies.
  3. Hire a licensed real estate agent to assist with the transaction, if desired.
  4. Have the seller prepare the warranty deed and notarize it. You can find and fill out this form for free on the PDFliner website.
  5. Pay the purchase price and any closing costs.
  6. Record the warranty deed with the Bureau of Conveyances in Hawaii to make the transfer of ownership official.

Common Uses of Hawaii Special Warranty Deed Form

A Hawaii Special Warranty Deed Form is a legal document used to transfer ownership of a piece of property from the seller to the buyer. It contains specific language that limits the seller's liability for any defects or issues with the property before the sale. Some common uses of a Hawaii Special Warranty Deed Form include:

  • Selling a property that the seller has only owned for a short period and wants to limit liability for any issues before their ownership.
  • Selling a property that has been inherited, and the seller wants to limit their liability for any issues before the inheritance.
  • Selling a property that has been foreclosed on, the lender wants to limit their liability for any issues before the foreclosure.
  • Selling a property that has been leased, and the landlord wants to limit their liability for any issues that existed before the lease.

It's important to note that a free warranty deed form Hawaii may not be suitable in all situations, and it's always recommended to consult with a real estate attorney to determine if this is the right type of deed for your transaction.

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