General vs. Special Warranty Deeds: 
What's the Difference?

Colorado has many different ways to "take title," conveyed in the form of different deeds. Here's a breakdown of the differences between General Warranty Deed (most common) and Special Warranty Deeds (less common) and what buyers and sellers need to know.

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Breaking Down Warranty Deed Types in Colorado

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​Colorado recognizes two types of warranty deeds for transfer of title from seller to buyer. while both types contain warranties, there is one major difference dictated by statute, C.R.S. 38-30-115. In substance, it's a transfer by the grantor (seller) that warrants 3 things:

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1. The grantor is the owner with full power to sell,

2. The property is transferred free and clear of encumbrances (except any identified)

3. That the grantor will defend title against anyone claiming an interest in the property.

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Number 3 is what differentiates a General Warranty from a Special Warranty Deed.

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General Deeds, Explained.

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With a General Warranty Deed, the warranty clause in the deed states, “and warrants title to the same.” This means that the warranty of title provided by the seller extends all the way back in time, to people who might claim an interest in title even before the seller owned the property. In other words, the seller is warranting title for all prior owners, as well as the seller. ​

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Special Warranty Deeds, Explained.

 

With a Special Warranty Deed, the warranty language is changed to limit the duration of the seller’s ownership alone. The warranty clause will state something like: “and warrants title to all persons claiming under me,” limiting claims against title during the time the seller owned the property and not before.

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There are reasonable, understandable reasons why a seller may want or need to convey property with a Special Warranty Deed versus a General Warranty Deed (estates, corporate sales), but ultimately a buyer must decide whether or not they want to accept those terms during the due diligence period defined in the purchase contract.​ Remember, everything in the contract is negotiable. 

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Navigating Denver Real Estate with Michelle

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Michelle Schwinghammer (colloquially known as "Schwing") is a real estate agent, broker associate with West + Main Homes, and the local expert behind SCHWINGSTATE LLC. Operating across the Denver Metropolitan area, Michelle specializes in ensuring her clients are fully educated, protected, and empowered.

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Michelle takes client education seriously, and guide buyers and sellers through every step of the process. Ready to start a smarter home search? Schedule your Buyer Consultation today and make your next move with confidence.