Sandra is purchasing a home in Knoxville from a private seller. The seller's attorney presents Sandra with a deed at closing. Sandra's real estate attorney reviews it and tells her the deed only warrants against title defects that arose while the seller owned the property — it does not protect against claims from prior owners. Sandra's attorney recommends she purchase title insurance to cover the gap in protection. Which deed type did the seller provide?
Correct Answer
D) Special warranty deed
A special warranty deed limits the grantor's warranty to defects arising only during the grantor's period of ownership. It does not protect the grantee against title claims that predate the grantor's ownership. Sandra's attorney correctly identified the gap in coverage and recommended title insurance to fill it. Special warranty deeds are common in Tennessee commercial transactions and institutional sales.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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