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What Is a Special Warranty Deed In Kansas?
A Kansas special warranty deed form is a type of deed that provides a limited guarantee of title to the property being transferred. The grantor (seller) only warrants that they have not done anything to encumber the property during the time they have owned it. A special warranty deed does not guarantee that the property is free from any defects or liens that existed before the grantor's ownership. It is used mostly for commercial properties and for people buying properties from someone who has owned them for a short time.
How To Make Kansas Special Warranty Deed Form
To write a Kansas special warranty deed form, you will need to include certain information and language. Here is an example of the information and language that should be included in a special warranty deed form for Kansas:
- Names and addresses of the grantor (seller) and grantee (buyer)
- Legal description of the property being transferred
- Consideration (the amount of money or other valuable consideration being given in exchange for the property)
- A statement that the grantor is the lawful owner of the property and has the right to convey it
- A statement that the grantor warrants that they have not done anything to encumber the property during the time that they have owned it
- A statement that the grantor's warranty is limited to the time of their ownership
- A statement that the grantor will defend the title to the property against any and all lawful claims
- Signature of the grantor and any necessary witnesses.
It's important to note that the special warranty deed Kansas form should be reviewed and signed by a notary public or attorney to be considered a legal document. Additionally, it's highly recommended to consult with a real estate lawyer to ensure that the form meets all the legal requirements in Kansas.
How to Get a Warranty Deed In Kansas
To get a warranty deed in Kansas, you will need to follow these steps:
- Find a property to purchase: You will need to find a property that you want to purchase, and the seller should be willing to provide a warranty deed for the property.
- Negotiate the sale: Once you have found a property, you will need to negotiate the terms of the sale with the seller. This includes the purchase price, any contingencies, and the type of deed that will be used to transfer ownership.
- Prepare the warranty deed form: You can find and fill out this form for free on the PDFliner website. The seller will typically have a real estate attorney prepare the warranty deed form, which will include information such as the names of the buyer and seller, a legal description of the property, and any warranties or representations being made by the seller.
- Sign the warranty deed: Once the warranty deed form has been prepared, the seller and buyer will need to sign the deed in front of a notary public.
- Record the warranty deed: After the warranty deed has been signed, it will need to be recorded with the county recorder's office where the property is located. This will make the transfer of ownership official and give the buyer legal title to the property.
Common Uses of Kansas Special Warranty Deed Form
Kansas special warranty deeds are commonly used in several situations, including:
- Commercial properties: Special warranty deeds are often used when commercial properties are being sold because they provide a limited guarantee of title and the buyer will do their own due diligence on the property before buying.
- Properties bought from short-term owners: Special warranty deeds are also used when a property is being sold by someone who has owned it for a short period of time. Because the grantor only warrants that they have not done anything to encumber the property during the time that they have owned it.
- Trustees and executors: When a property is being transferred by a trustee or executor, a special warranty deed may be used as the grantor is not able to make any warranties about the property prior to their ownership.
- Tax sale properties: Special warranty deeds are used when a property is sold at a tax sale, as the grantor is only able to make warranties about their ownership of the property and not any prior ownership or liens.
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Fillable online Kansas Special Warranty Deed Form