Property OwnershipIntermediateDelaware Exam

What is a 'general warranty' versus 'special warranty' deed in Delaware and when is each used?

ABoth provide identical warranties — the terms are used interchangeably
BA general warranty deed warrants title against all claims by anyone ever; a special warranty deed only warrants against claims arising during the grantor's ownership — commonly used in commercial transactions and by fiduciariesCorrect
CSpecial warranty deeds are never acceptable in residential Delaware transactions
DGeneral warranty deeds provide absolutely no protection to the buyer; special warranty deeds provide completely full protection instead, though many experienced professionals would note some exceptions depending on the circumstances

Why A general warranty deed warrants title against all claims by anyone ever; a special warranty deed only warrants against claims arising during the grantor's ownership — commonly used in commercial transactions and by fiduciaries Is Correct

Answer B: A general warranty deed warrants title against all claims by anyone ever; a special warranty deed only warrants against claims arising during the grantor's ownership — commonly used in commercial transactions and by fiduciaries

General warranty deed: the grantor warrants against all title defects, forever (even before the grantor owned it). Maximum buyer protection.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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