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What Is a Special Warranty Deed In South Carolina?
A South Carolina special warranty deed is a legal document used in South Carolina to transfer real estate ownership from one party to another. It is different from a general warranty deed because it only offers limited warranties to the buyer. This means that the seller only guarantees that they have not caused any harm to the property during their ownership but does not guarantee any issues that existed prior to their ownership.
How to Create South Carolina Warranty Deed Form
To write a South Carolina warranty deed form, adhere to the following points:
- Include the property's legal description: The deed should begin with a legal description of the property being transferred. This can include the street address, lot and block number, or metes and bounds description.
- Identify the grantor and grantee: The grantor is the current property owner, and the grantee is the person receiving the property. Include the full names and addresses of both parties.
- State the consideration: Consideration is the amount of money or value being exchanged for the property. It is usually expressed as "one dollar and other valuable consideration."
- Include the warranties: The special warranty deed should include a statement that the grantor warrants that they have not caused any harm to the property during their ownership but does not guarantee any issues that existed prior to their ownership. You can also take a look at a sample of warranty deed South Carolina to compare the way the terms are used in the document.
How to Get a Warranty Deed In South Carolina
To get a warranty deed in South Carolina, follow these steps:
- Hire a real estate attorney: A real estate attorney can help prepare the warranty deed and ensure that it complies with all state and local laws.
- Gather information about the property: You will need to provide a legal description of the property being transferred, as well as the names and addresses of the grantor and grantee.
- Draft and review the deed: The attorney will prepare the limited warranty deed South Carolina, which will need to be reviewed and signed by both parties.
- Review the warranty deed form: Review the South Carolina limited warranty deed form carefully and make any necessary revisions.
- Record the deed: The deed must be recorded with the county clerk's office where the property is located. Once recorded, it becomes part of the public record and provides notice to the world that the grantee has an interest in the property.
- Sign and notarize the deed: The deed should be signed by the grantor in the presence of a notary public, who will then affix their seal and sign the deed.
Common Uses Of South Carolina Warranty Deed Form
A special warranty deed is commonly used in South Carolina for the transfer of residential and commercial properties. It is also used for transfers between family members or for gifting property. Other common uses of the South Carolina warranty deed form include:
- Real estate sales: When a buyer purchases a property, they will typically receive a special warranty deed from the seller.
- Estate planning: Property owners may use a special warranty deed to transfer ownership of their property to a trust or to family members as part of their estate planning.
- Refinancing: When a homeowner refinances their mortgage, a special warranty deed may be used to transfer ownership to the new lender.
- Divorce: A special warranty deed may be used to transfer ownership of a jointly owned property between ex-spouses as part of a divorce settlement.
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Fillable online South Carolina Warranty Deed Form