Special Warranty Deed
(Residential Transaction) (MO)

Summary

This special warranty deed template is for use by a seller in a Missouri 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. There is no statutory form of a warranty deed in Missouri. However, all deeds or other conveyances of lands or of any estate must be: • Subscribed by the grantor or by their lawful agent -and- • Acknowledged or proved in accordance with Missouri laws. See Mo. Rev. Stat. § 442.130 and See Mo. Rev. Stat. § 59.330. All deeds must contain: • The civil status of the grantor -and- • Address of the grantee. The stated address will not be accepted as legal description of the property being transferred. See Mo. Rev. Stat. § 59.005(6). Instead, the description must sufficiently identify the property to enable a surveyor to locate it and distinguish it from all other land. See Weber v. Johannes, 673 S.W.2d 454, 458 (Mo. App. S.D. 1984). For other templates of deeds to use in residential transactions in Missouri, see Quitclaim Deed (Residential Transaction) (MO) and General Warranty Deed (Residential Transaction) (MO). For templates of deeds to use in commercial transactions in Missouri, see General Warranty Deed (Commercial Transaction) (MO), Quitclaim Deed (Commercial Transaction) (MO), Special Warranty Deed (Commercial Transaction) (MO). For guidance on Missouri acknowledgments, see Commercial Real Estate Ownership (MO). For information on recording real property documents in Missouri, see Recording Procedures (MO). 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. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. 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 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 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.