What phrase is commonly used in a Special Warranty Deed to limit the grantor's liability?

Get more with Examzify Plus

Remove ads, unlock favorites, save progress, and access premium tools across devices.

FavoritesSave progressAd-free
From $9.99Learn more

Prepare for the Texas Surveyor in Training Test. Review flashcards and multiple-choice questions featuring hints and detailed explanations. Be exam-ready!

In a Special Warranty Deed, the phrase "By, through, or under the grantor but not otherwise" is the key phrase used to limit the grantor's liability. This indicates that the grantor only warrants the title against claims or encumbrances arising during their period of ownership, effectively protecting them from any liabilities that may arise from previous owners or events.

The Special Warranty Deed provides a more restricted assurance compared to a General Warranty Deed, where the grantor guarantees that the title is free of issues from the very beginning of ownership. This limitation helps to clarify the extent of the grantor's responsibilities and the protections afforded to the grantee (the buyer), thus fostering a clearer understanding in real estate transactions.

In contrast, other phrases, while relevant in real estate documents, do not specifically convey this limitation of liability in relation to the actions of previous owners. For instance, "as is, where is" typically pertains to the property's condition and does not address title issues. "Without recourse" usually refers to a financial transaction's liability related to payment, and "with full warranty" is associated with a general guarantee of title validity. Therefore, the phrase used in a Special Warranty Deed emphasizes the limitation on the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy