Special Warranty Deed
(Residential Transaction) (LA)

Summary

This special warranty deed template is for use by a seller in a Louisiana residential purchase and sale transaction to convey title to a buyer via special warranty. This template includes practical guidance and drafting notes. 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. In Louisiana, deeds must contain the true sales price, the names and addresses of grantor and grantee, a legal description of the property and property address, and a notary acknowledgment. See La. Civ. Code Ann. § art. 1839 and La. Rev. Stat. Ann. § 35:12. Additionally, the marital status of all parties and the separate or community nature of the property must be stated in a deed. In the case of a married individual grantor where there is no mention of status, the property is presumed to be community and both spouses are required to sign the deed. See La. Rev. Stat. Ann. § 35:11. For a warranty deed template to use in Louisiana, see General Warranty Deed (Residential Transaction) (LA). 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 more information on purchasing and selling residential real estate in general, see Purchasing and Selling Residential Real Estate Resource Kit.