What distinguishes a special warranty deed from a general warranty deed?

Prepare for the Louisiana 90-Hour Course exam on Real Property, Ownership, Deeds, and Auctions. Use flashcards and multiple choice questions with detailed explanations to ensure you're ready for your exam!

A special warranty deed is characterized by the limitation of the seller's warranty. In a special warranty deed, the seller guarantees that they have not personally conveyed the property to anyone else during their ownership and that the property is free from any encumbrances that arose during their tenure. This contrasts with a general warranty deed, which provides broader guarantees, covering the entire history of the property regardless of when issues may have arisen.

The distinction is important because a special warranty deed offers less protection to the buyer than a general warranty deed. The buyer can only rely on the seller's assurances during the period of ownership, rather than on all previous occurrences related to the title. This limitation is the essence of what separates a special warranty deed from a general warranty deed, making it a pivotal concept in real estate transactions.

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