Special Warranty Deed
(Commercial Transaction) (MI)

Summary

This special warranty deed, sometimes also referred to as a conveyance deed, is for use by a seller/grantor to transfer title to Michigan commercial real estate to a buyer/grantee and presumes a transaction between two business entities. This template includes practical guidance and drafting notes. A Michigan deed conveying land should comply with the following: • Signed and sealed by the person from whom the estate or interest is intended to pass, • Person passing the estate or interest should be of lawful age • Acknowledged; —and— • Recorded See Mich. Comp. Laws Serv. § 565.1. A special warranty deed provides most of the warranties and covenants contained in a general warranty deed, but it does not guarantee the entire chain of title. Rather, a special warranty deed limits the warranty of title to the period of the grantor's ownership. The grantor warrants that it will defend title only against claims and demands of the grantor and those claiming by or through the grantor. The grantor makes no warranties with respect to any title matters or defects that may have arisen prior to the grantor taking title to the property. Title insurance is typically purchased to shift the risk from the buyer to the title company of any issues arising from the validity or state of the title. A special warranty deed gives the buyer greater protection than a quitclaim deed but less protection than a warranty deed. For a statutory form of Michigan quitclaim deed, see Mich. Comp. Laws Serv. § 565.151. For a general discussion of deeds and other instruments of conveyance in Michigan, see 1 Michigan Real Estate Forms 3.3 (2020). A Michigan deed must be in writing and signed by the buyer. See Mich. Comp. Laws Serv. § 566.108. For templates of other deeds to use in commercial transactions in Michigan, see Covenant Deed (Commercial Transaction) (MI), General Warranty Deed (Commercial Transaction) (MI), Warranty Deed (Statutory) (Commercial Transaction) (MI), and Quitclaim Deed (Commercial Transaction) (MI). For templates of deeds to use in residential transactions in Michigan, see General Warranty Deed (Residential Transaction) (MI), Quitclaim Deed (Residential Transaction) (MI), and Special Warranty Deed (Residential Transaction) (MI). For more information on commercial real estate ownership in Michigan, see Commercial Real Estate Ownership (MI). For more information on deeds in general, see Types of Deeds and Key Provisions. See also Thompson on Real Property, Thomas Editions § 82.04 and Powell on Real Property § 81A.03. For information on deed transfer taxes, see Deed Transfer Tax State Law Survey. For general information on recording real property documents, see Recording Real Property Documents. See also Uniform Real Property Electronic Recording Act State Law Survey. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. For information on title insurance, see Title Insurance Endorsement State Law Survey and Title Insurance and Survey Resource Kit (Commercial Real Estate Purchase and Sale) (National and Select States). For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Purchase and Sale). For a full listing of key content covering purchasing and selling residential real estate, see Purchasing and Selling Residential Real Estate Resource Kit. For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.