Florida Special Warranty Deed Form

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A Florida special warranty deed is a limited-warranty real estate deed. Under Fla. Stat. § 689.01, the grantor signs it in front of two subscribing witnesses. Sellers use it, especially when they warrant the title only for their own ownership.

This page explains how the deed differs from a general warranty deed and a quitclaim deed, which sections of the Florida Statutes apply to signing and recording it, and how to fill it out step by step. To compare every deed type, read our full guide to deed forms.

Key facts

  • The deed transfers Florida real estate and warrants the title only against claims by, through or under the grantor.
  • The grantor, or the grantor's lawfully authorized agent, signs in the presence of two subscribing witnesses (Fla. Stat. § 689.01).
  • For the deed to be recorded, the grantor acknowledges signing it, a subscribing witness proves it, or it is legalized or authenticated in a form the statute lists (Fla. Stat. § 695.03).
  • The parcel identification number goes on the deed before recording if it is available, and it never replaces the legal description (Fla. Stat. § 689.02).
  • Unless it is recorded according to law, the deed is not good against creditors or later buyers for value without notice (Fla. Stat. § 695.01(1)).
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What Is a Special Warranty Deed?

A special warranty deed is a deed in which the grantor transfers real estate and warrants the title only against claims by, through or under the grantor: the grantor's own acts and the claims of those who take through the grantor. The deed gives no promise about defects left by earlier owners. A lien, an easement or a boundary claim created before the grantor took title stays outside its warranty.

The grantor's promise is narrow but real. The grantor states that nothing the grantor did, and no one claiming through the grantor, harmed the title, such as an unpaid mortgage or another encumbrance the grantor created. The grantee takes the risk of anything that happened before that period.

What the Special Warranty Covers

The special warranty clause limits the grantor's title promise to claims by, through or under the grantor. A claim from an owner before the grantor falls outside it. A grantee who wants cover for that earlier period looks to a title search and title insurance.

Terms Used on the Deed

These terms appear on the deed and in the steps below:

  • Grantor: the seller or current owner who transfers the property.
  • Grantee: the person, trust or business that receives the property.
  • Parcel ID: the property appraiser's parcel identification number for the land.
  • Legal description: the formal wording that identifies the exact real estate.
  • Consideration: the price or other value the grantee gives for the property.
  • Subscribing witness: a person who watches the grantor sign and then signs the deed as a witness.

Special Warranty Deed vs General Warranty Deed vs Quitclaim Deed

A deed with a special warranty sits between the other two common deed types: it warrants more than a quitclaim deed and less than a general warranty deed. The difference lies in how far back the grantor's title promise reaches.

DeedTitle promisePeriod the promise covers
General warranty deedFull warranty: the grantor will defend the title "against the lawful claims of all persons whomsoever" (Fla. Stat. § 689.02)Every earlier owner in the chain of title
Special warranty deedLimited warranty: claims by, through or under the grantorThe grantor's own ownership
Quitclaim deedNo title warranty: the grantor passes whatever interest the grantor holdsNone

Fla. Stat. § 689.03 treats a deed made substantially in the § 689.02 form as a warranty deed with full common-law covenants, binding the grantor and the grantor's heirs. The special warranty form uses its own limited clause in place of that full promise.

A quitclaim deed fits transfers between people who already trust the title, such as family members. A general warranty deed fits a buyer who wants the strongest promise the grantor can give.

What Is a Warranty Deed in Florida?

A Florida warranty deed is a deed in which the grantor fully warrants the title to the land and will defend it against the lawful claims of all persons, in the form Fla. Stat. § 689.02 prescribes. Lawyers often call this the statutory warranty deed.

The statutory form names the parties and their counties, states the consideration, grants the land to the grantee and the grantee's heirs and assigns, and describes the land (Fla. Stat. § 689.02). The statute introduces the form with the words "may be in the following form."

The special warranty version is the narrower kind of warranty deed. It names the parties and describes the land in the same way, but its warranty covers only the grantor's ownership.

When to Use a Special Warranty Deed

The special warranty form suits a transfer in which the grantor will vouch for its own ownership but not for the owners before it. Common cases include:

  • A transfer of property into a trust, such as a living trust.
  • A transfer of property to a business the owner controls.
  • A sale of commercial real estate.
  • A sale in which the grantee buys title insurance for the property.
  • A sale by an owner who does not know the property's full history.

When Another Deed Fits Better

A general warranty deed fits a sale in which the buyer expects the seller to stand behind the whole chain of title. A quitclaim deed fits a transfer with no title promise at all, such as adding a spouse to the title. The special warranty deed forms page lists this deed for other states.

Florida Special Warranty Deed Requirements

A Florida special warranty deed is a written instrument that the grantor, or the grantor's lawfully authorized agent, signs in the presence of two subscribing witnesses (Fla. Stat. § 689.01). Recording adds the acknowledgment rule of Fla. Stat. § 695.03.

Homestead Property: The Spouse Joins the Deed

A deed of Florida homestead needs the owner's spouse to join in when the owner is married: under Fla. Const. art. X, § 4(c), the owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift. The spouse joins the deed even when only the owner holds title, so the signing plan covers both of them.

Two Subscribing Witnesses

Fla. Stat. § 689.01 requires a transfer of a freehold estate, or of a term of more than 1 year, to be made by an instrument in writing signed in the presence of two subscribing witnesses, unless the interest passes by will. The witness rule of Fla. Stat. § 689.01 does not apply to a lease of real property. The witnesses can be present and sign electronically by audio-video communication technology, as defined in s. 117.201 (Fla. Stat. § 689.01). That technology is defined in chapter 117, Florida Statutes, the online notarization chapter, and a remote signing follows that chapter's conditions, which this page does not list.

Acknowledgment Before Recording

Fla. Stat. § 695.03 lets a deed be recorded only when the grantor acknowledges its execution, a subscribing witness proves it, or it is legalized or authenticated in one of the forms the statute lists. Plan the acknowledgment for the same meeting as the witnessed signing, so the deed leaves the table ready to record.

Parcel Identification Number

Fla. Stat. § 689.02 requires the form for warranty deeds of conveyance to land to include a blank space for the property appraiser's parcel identification number, entered on the deed before recording if the number is available. A missing blank, a missing number or a wrong number does not affect the validity of the conveyance or the recordability of the deed (Fla. Stat. § 689.02). The parcel number is not part of the legal description and cannot replace it (Fla. Stat. § 689.02).

No Seal Needed

Fla. Stat. § 689.01 says no seal is necessary to give validity to an instrument executed in conformity with that section. A deed with the signatures and witnesses the section names needs no corporate or personal seal to be valid (Fla. Stat. § 689.01).

Recording a Florida Special Warranty Deed

A recorded deed protects the grantee against creditors and later buyers: under Fla. Stat. § 695.01(1), a conveyance of real property is not good against creditors or subsequent purchasers for value without notice unless it is recorded according to law. A deed signed by an agent under a power of attorney carries one more condition: it is not good against those creditors and purchasers unless the power of attorney was recorded before their rights accrued (Fla. Stat. § 695.01(1)).

This page gives no recording fee, tax or processing time, because the sections cited here set none. Ask the recording office of the county where the property lies about its fees and how it takes deeds.

What to Include in a Florida Special Warranty Deed

The deed includes the parties, the property, the price and the limited warranty, with space for the signatures, the witnesses and the acknowledgment. Each part has its own line or block:

  • The grantor's full name and mailing address.
  • The grantee's full name and mailing address; for recording, the deed prints each grantee's name and post-office address (Fla. Stat. § 695.26).
  • The county where the property is located.
  • The parcel identification number, if it is available (Fla. Stat. § 689.02).
  • The legal description of the land, copied from the current deed.
  • The consideration the grantee pays.
  • The words that grant the land to the grantee.
  • The special warranty clause, limited to the grantor's ownership.
  • The date, the grantor's signature and the signatures of two subscribing witnesses (Fla. Stat. § 689.01).
  • An acknowledgment block for recording (Fla. Stat. § 695.03).

Names and Addresses the Clerk Requires

A deed signed, acknowledged or proved in Florida meets the recording format rules of Fla. Stat. § 695.26 before the clerk of the circuit court records it. The section does not apply to an instrument executed, acknowledged or proved outside Florida, or to one executed before July 1, 1991 (Fla. Stat. § 695.26). For a deed it covers, the clerk records it only when it shows:

  • The printed name of each person who signed, beneath that person's signature, and each signer's post-office address (Fla. Stat. § 695.26).
  • The name and post-office address of the natural person who prepared the deed or supervised its preparation (Fla. Stat. § 695.26).
  • The printed name of each witness beneath that witness's signature, and each witness's post office address (Fla. Stat. § 695.26).
  • The printed name of the notary public or other officer who took the acknowledgment, beneath that officer's signature (Fla. Stat. § 695.26).
  • The name and post-office address of each grantee (Fla. Stat. § 695.26).
  • A blank 3-inch by 3-inch space at the top right corner of the first page and a 1-inch by 3-inch space at the top right corner of each later page, kept for the clerk (Fla. Stat. § 695.26).

The clerk may, at the clerk's discretion, accept a deed with a name or address printed in another position if the connection between the signature, the name and the address is apparent (Fla. Stat. § 695.26).

How to Fill Out a Florida Special Warranty Deed

The deed is filled out from the details on the grantor's current deed: the names, the parcel ID and the legal description. Have that deed at hand before the first step.

  1. Write the grantor's full name as it appears on the current deed.
  2. Write the name of the grantee, or of the trust or business that receives the property.
  3. Enter the mailing addresses of the grantor and the grantee.
  4. Name the county where the property is located.
  5. Enter the parcel identification number from the property appraiser, if it is available.
  6. Copy the legal description word for word from the current deed.
  7. State the consideration the grantee pays for the property.
  8. Check that the warranty clause limits the promise to the grantor's ownership.
  9. Enter the date of the transfer.
  10. Attach any extended property description as an exhibit and refer to it in the deed.
Before you sign, check that the names and the property description on your deed match your current deed. Keep a signed copy for your records.

How to Sign and Record the Deed

The deed is completed in two stages: the witnessed signing, then the acknowledgment and recording. The steps follow Fla. Stat. § 689.01 and § 695.03.

  1. Bring the grantor and two subscribing witnesses together, in person or by audio-video communication technology as defined in s. 117.201 under the conditions of chapter 117, Florida Statutes (Fla. Stat. § 689.01).
  2. Sign the deed as the grantor, or as the grantor's lawfully authorized agent, in the presence of both witnesses (Fla. Stat. § 689.01).
  3. If the property is the married grantor's homestead, have the grantor's spouse join in the deed (Fla. Const. art. X, § 4(c)).
  4. Have each witness sign the deed as a subscribing witness, with the witness's name printed beneath the signature and the witness's post office address on the deed (Fla. Stat. § 695.26).
  5. Acknowledge the grantor's signature in a form Fla. Stat. § 695.03 accepts, so the deed can be recorded.
  6. Submit the signed deed for recording; if an agent signed, record the power of attorney too (Fla. Stat. § 695.01(1)).
  7. Keep a signed copy for your own records.

Frequently Asked Questions

Is a special warranty deed a red flag?

The deed is not a red flag by itself: it means the grantor limits the title promise to the grantor's own ownership. A title search and title insurance address the period before that.

Who benefits the most from a warranty deed?

The grantee benefits most from a general warranty deed, because its warranty reaches claims from every earlier owner. The special warranty form moves more of that risk to the grantee and spares the grantor claims the grantor did not cause.

Can you sell a house with a special warranty deed?

Yes, this deed can transfer a house or any other Florida real estate when the grantor and the grantee agree to a limited warranty. The grantee often buys title insurance to cover the earlier period.

Does the grantee sign the deed?

Fla. Stat. § 689.01 names the party conveying the estate, or that party's lawfully authorized agent, as the person who signs before the two witnesses. The section names no signature for the grantee. When the property is the married owner's homestead, the owner's spouse joins in the deed (Fla. Const. art. X, § 4(c)).

Can the witnesses sign remotely?

Remote witnessing is allowed only in the form Fla. Stat. § 689.01 names: the two subscribing witnesses are present and sign electronically by audio-video communication technology, as defined in s. 117.201. That technology belongs to the online notarization rules of chapter 117, Florida Statutes, so check that chapter's conditions before a remote signing; a video call alone is not described as enough.

What is a warranty deed vs a property deed?

A property deed is any written instrument that transfers real estate, and a warranty deed is one kind of property deed that also promises the title is good. The special warranty version makes that promise for the grantor's ownership only.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.