Florida Speacial Warranty Deed Form

Transfer Florida Real Estate with Limited Title Warranties

Looking for a Florida special warranty deed form? Our downloadable Florida special warranty deed template provides a balanced way to transfer property ownership in Florida with limited title warranties—perfect for estate sales, foreclosures, corporate transfers, and situations where the seller warrants title only during their ownership period.

Download Your Florida Special Warranty Deed Template Now - $10

What is a Florida Special Warranty Deed?

A Florida special warranty deed is a legal document used to transfer property ownership from one party (the grantor) to another (the grantee) with limited warranties. Unlike a general warranty deed that guarantees title from all time periods, a special warranty deed in Florida only warrants that the grantor has not caused any title defects during their period of ownership—making it a middle ground between warranty deeds and quitclaim deeds.

Why Choose Our Florida Special Warranty Deed Template?

✔ Instant Download – Get immediate access to your Florida special warranty deed PDF
✔ Multiple Formats – Available as editable MS Word, fillable PDF, and Google Doc
✔ Easy to Use – Includes step-by-step instructions for completing your deed
✔ Legally Compliant – Formatted to meet Florida Statutes § 689.02 requirements
✔ Affordable – Just $10 for complete access to all formats

What's Included in Your Purchase:

• Florida special warranty deed form (Word, PDF, and Google Doc formats)

• Editable Florida special warranty deed template you can customize

• Fillable Florida special warranty deed PDF for easy completion

• Step-by-step instructions for proper execution

• Recording guidelines for Florida counties

• Access to our organized course platform with all templates

Common Uses for Florida Special Warranty Deeds:

Estate Sales – Executors selling inherited property with limited knowledge of title history

Foreclosure Sales – Banks and lenders selling foreclosed properties

REO Properties – Bank-owned real estate sales

Corporate Transfers – Companies transferring property with limited liability

Short Sales – Distressed property sales

Trust Sales – Trustees selling trust property

Tax Deed Sales – Properties sold for unpaid taxes

Commercial Transactions – Business property transfers with negotiated warranties

Benefits of Using Our Florida Special Warranty Deed Form:

Balanced Protection – Provides some title warranties without unlimited liability

Lender Acceptable – Often acceptable to mortgage lenders

Limited Liability – Grantor only warrants during their ownership period

Flexible Formats – Choose from Word, PDF, or Google Docs

Instant Access – Download and use immediately—no waiting

Complete Package – Everything you need in one purchase

Professional Quality – Legally compliant with Florida recording requirements

How Does a Florida Special Warranty Deed Work?

1. Complete the Form – Fill out our Florida special warranty deed template with property and party information

2. Sign Before Witnesses and Notary – The grantor(s) must sign in the presence of two witnesses and a notary public

3. Record the Deed – File with the Clerk of Court (Official Records) where the property is located

4. Transfer Complete – Ownership is officially transferred once recorded

Florida Special Warranty Deed Requirements:

• Must include the grantor's and grantee's full legal names and addresses

• Must contain the complete legal property description

• Must include the property's parcel identification number

• Must state the consideration (actual purchase price)

• Must be signed by the grantor(s) in front of a notary public

• Requires TWO WITNESSES in addition to notary (Florida requirement)

• Must be notarized with proper acknowledgment

• Must be recorded with the Clerk of Court (Official Records) where the property is located

• Must comply with Florida's formatting and margin requirements

• Should include the property address

• Requires Florida documentary stamp tax payment on most transfers

Florida Special Warranty Deed vs. Other Deed Types

Special Warranty Deed (This Form):

• Warrants title only during grantor's ownership period

• Does NOT warrant against defects from prior owners

• Middle ground protection

• Often used in foreclosures and estate sales

• Acceptable to many lenders

• Limited grantor liability

General Warranty Deed:

• Warrants title from all time periods

• Grantor warrants against ALL title defects (past and present)

• Maximum buyer protection

• Standard for traditional sales

• Full grantor liability

• Preferred by most buyers

Quitclaim Deed:

• No warranties whatsoever

• Transfers only grantor's interest

• No title guarantees

• Best for family transfers

• Not accepted by most lenders

• No grantor liability

Who Should Use a Florida Special Warranty Deed Form?

Our Florida special warranty deed template is ideal for:

• Executors and administrators selling estate property

• Banks and lenders selling foreclosed properties (REO sales)

• Trustees selling trust property

• Corporations transferring property with limited exposure

• Short sale situations

• Property flippers and investors

• Tax deed purchasers reselling property

• Anyone wanting to limit warranty liability

• Buyers willing to accept limited warranties for better pricing

Download Your Florida Special Warranty Deed Template Today

Get instant access to your Florida special warranty deed form download for just $10. Available in editable Word format, fillable PDF, and Google Docs for maximum convenience.

Get Instant Access - $10

Frequently Asked Questions

Q: What's the difference between a special warranty deed and a general warranty deed in Florida?
A: A special warranty deed only warrants title during the grantor's ownership period, while a general warranty deed warrants title from all prior owners throughout history. Special warranty deeds provide limited protection.

Q: Will a lender accept a special warranty deed in Florida?
A: Many lenders will accept special warranty deeds, especially for REO properties, foreclosures, and estate sales. However, some lenders prefer general warranty deeds. Check with your lender.

Q: Why would someone use a special warranty deed instead of a general warranty deed?
A: Special warranty deeds are used when the seller doesn't have full knowledge of the property's title history (estates, foreclosures) or wants to limit their liability to only their ownership period.

Q: Do I need an attorney to prepare a Florida special warranty deed?
A: While not required, you may wish to consult an attorney for complex transactions. Our downloadable Florida special warranty deed template is designed for straightforward property transfers with proper instructions included.

Q: How much does it cost to record a special warranty deed in Florida?
A: Recording fees vary by county, typically ranging from $10 for the first page and $8.50 for each additional page. You'll also pay Florida documentary stamp tax on the property value.

Q: Does a Florida special warranty deed require witnesses?
A: Yes! Florida uniquely requires TWO WITNESSES in addition to notarization. The witnesses must see the grantor sign and must sign in the notary's presence.

Q: Does a Florida special warranty deed need to be notarized?
A: Yes, in addition to the two witnesses, the grantor's signature must be notarized with a proper acknowledgment.

Q: What does a special warranty deed guarantee?
A: A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but makes no warranties about earlier time periods.

Q: What is Florida's documentary stamp tax?
A: Florida charges $0.70 per $100 of property value (0.7%) as state documentary stamp tax on most property transfers. Miami-Dade County has an additional surtax.

Q: Is a special warranty deed common in Florida?
A: Special warranty deeds are fairly common in Florida for foreclosures, estate sales, and bank-owned properties, but less common than general warranty deeds for traditional sales.

Multiple Format Options

Editable Word Document – Fully customizable Florida special warranty deed template in MS Word format

Fillable PDF – Complete your Florida special warranty deed PDF digitally with ease

Google Docs – Cloud-based access to edit your Florida special warranty deed form from anywhere

Florida-Specific Tax Considerations

Florida Documentary Stamp Tax:

• State rate: $0.70 per $100 of property value (0.7%)

• Miami-Dade County surtax: Additional $0.60 per $100 (total 1.3% in Miami-Dade)

• Applies to most property transfers

• Calculated on full purchase price or property value

Documentary Stamp Tax Examples:

• $250,000 property: $1,750 state tax (or $3,250 in Miami-Dade)

• $400,000 property: $2,800 state tax (or $5,200 in Miami-Dade)

• $600,000 property: $4,200 state tax (or $7,800 in Miami-Dade)

Who Pays:

• Customarily paid by seller

• Negotiable between parties

• Often addressed in purchase contract

Common Documentary Stamp Tax Exemptions:

• First-time homebuyer exemptions (limited circumstances)

• Certain governmental transfers

• Some corrections and modifications

Property Tax Considerations:

• Florida has no state income tax

• Property taxes vary by county

• Homestead exemption available for primary residences

• Save Our Homes cap limits assessment increases

• Check with county property appraiser

Federal Gift Tax – If transferring as a gift, amounts exceeding annual exclusion may require reporting

Capital Gains – Sellers should be aware of potential capital gains tax implications

Consult a tax professional for advice specific to your situation

💡 Need Professional Help?

If you'd prefer expert assistance with your property transfer, you can upgrade to our complete deed preparation service at any time—and we'll credit back the full $10 cost of this template toward your service fee.

Serving All Florida Counties

Our Florida special warranty deed form is valid in all 67 Florida counties, including:

South Florida:

• Miami-Dade County (Miami)

• Broward County (Fort Lauderdale)

• Palm Beach County (West Palm Beach)

• Monroe County (Key West)

• Martin County (Stuart)

• St. Lucie County (Port St. Lucie)

Central Florida:

• Orange County (Orlando)

• Seminole County (Sanford)

• Osceola County (Kissimmee)

• Lake County (Tavares)

• Volusia County (Daytona Beach)

• Brevard County (Melbourne)

• Polk County (Lakeland)

Tampa Bay Area:

• Hillsborough County (Tampa)

• Pinellas County (Clearwater/St. Petersburg)

• Pasco County (New Port Richey)

• Hernando County (Brooksville)

• Manatee County (Bradenton)

• Sarasota County (Sarasota)

Southwest Florida:

• Lee County (Fort Myers)

• Collier County (Naples)

• Charlotte County (Punta Gorda)

North Florida:

• Duval County (Jacksonville)

• Clay County (Green Cove Springs)

• St. Johns County (St. Augustine)

• Alachua County (Gainesville)

• Leon County (Tallahassee)

West Coast:

• Escambia County (Pensacola)

• Bay County (Panama City)

• Okaloosa County (Crestview)

And all other Florida counties

Step-by-Step Process Included

Our comprehensive instructions guide you through:

1. Gathering required property information

2. Obtaining the complete legal description and parcel ID

3. Understanding special warranty deed language and limited covenants

4. Completing the special warranty deed form

5. Understanding Florida property ownership types

6. Properly executing the document with two witnesses

7. Understanding notarization requirements

8. Calculating documentary stamp tax

9. Determining if exemptions apply

10. Filing with your Clerk of Court (Official Records)

11. Understanding recording fees and documentary stamps

12. Obtaining certified copies for your records

Common Florida Special Warranty Deed Scenarios

Foreclosure/REO Sale

• Bank selling foreclosed property

• Limited knowledge of title history

• Bank limits warranty liability

• Standard practice for lenders

• Acceptable to most buyers in this context

Estate Sale

• Executor selling inherited property

• Unknown prior title issues

• Limits executor's personal liability

• Protects estate assets

• Common in probate sales

Trust Sale

• Trustee transferring trust property

• Limited trustee liability

• Trustee didn't own property personally

• Protects trustee from unknown claims

• Standard for trust sales

Short Sale

• Distressed property sale

• Seller has limited equity

• Limits seller's liability

• Lender may require this type

• Protects distressed seller

Corporate Transfer

• Company selling property

• Limits corporate liability

• Standard for business transfers

• Negotiated warranty terms

• Acceptable to commercial buyers

Investment Property Flip

• Investor reselling quickly

• Limited holding period

• Reasonable warranty for timeframe

• Reduces investor liability

• Common in wholesale transactions

What Makes Our Florida Special Warranty Deed Template Different?

✓ Florida-Specific – Complies with all Florida Statutes § 689.02 requirements
✓ Two-Witness Format – Includes proper signature blocks for required witnesses
✓ Proper Formatting – Meets Florida's strict recording standards
✓ Limited Warranty Language – Appropriate special warranty covenants
✓ Up-to-Date – Reflects current Florida law and tax requirements
✓ Professionally Drafted – Created by legal document preparation experts
✓ Easy to Customize – Clear blanks for your specific transaction
✓ Doc Stamp Guidance – Instructions for documentary stamp tax
✓ Multiple Formats – Work in the format that suits you best
✓ Instant Access – Download immediately after purchase

Florida Recording Requirements

To properly record your Florida special warranty deed, you'll need:

1. Completed and signed special warranty deed

2. Two witness signatures (must witness grantor's signature)

3. Notarized acknowledgment

4. Recording fee payment (typically $10 first page, $8.50 per additional page)

5. Documentary stamp tax payment (0.7% of property value, or 1.3% in Miami-Dade)

6. Exemption documentation (if claiming exemption from doc stamps)

7. Return address for recorded deed

8. Proper formatting with required margins

9. Parcel identification number

10. Property address

11. Grantor's complete mailing address

Common Mistakes to Avoid

❌ Missing the two-witness requirement – Unique to Florida and essential
❌ Using general warranty language – Must use special/limited warranty terms
❌ Witnesses not properly qualified – Must meet Florida requirements
❌ Incomplete legal description – Must match current deed exactly
❌ Missing parcel identification number – Required in Florida
❌ Incorrect documentary stamp tax calculation – Must calculate on full value
❌ Not disclosing actual consideration – Florida requires accurate reporting
❌ Improper notarization – Must use Florida-compliant acknowledgment
❌ Notary witnessing the deed – Notary cannot also be one of the two witnesses
❌ Using wrong Clerk of Court office – Must record in county where property located

Our Florida special warranty deed template includes detailed instructions to help you avoid these common pitfalls.

Understanding Florida's Two-Witness Requirement

Florida requires TWO WITNESSES plus notarization:

Witness Requirements:

• Must be at least 18 years old

• Should be competent and disinterested

• Should not be parties to the deed (not grantor or grantee)

• Must witness the grantor sign the deed

• Must sign in the presence of the notary

• Cannot be the notary public

• Specific witness format required

Why Two Witnesses:

• Based on Florida's legal traditions

• Required for validity of the deed

• Cannot be waived

• Protects against fraud

This is one of Florida's most important unique requirements!

Understanding Special Warranty Deed Covenants

A Florida special warranty deed includes these LIMITED warranties:

What IS Warranted:

• Grantor has not caused any title defects during their ownership

• Property is free from encumbrances made by grantor

• Grantor will defend against claims arising during their ownership

• Grantor has right to convey the property

What is NOT Warranted:

• Title defects from prior owners

• Claims arising before grantor's ownership

• Historical title issues

• Unknown defects from earlier time periods

Key Difference: The warranties only cover the grantor's ownership period, not the entire chain of title.

Understanding Florida Property Ownership Types

Sole Ownership – Single person owns entire interest

Joint Tenancy with Right of Survivorship – Co-owners with automatic survivorship; property passes to surviving owner(s)

Tenancy in Common – Co-owners with separate shares; no automatic survivorship

Tenancy by the Entireties – Available only to married couples; provides creditor protection and automatic survivorship (common in Florida)

Community Property – Not recognized in Florida

Our template allows you to specify the ownership type when transferring property.

Florida's Tenancy by the Entireties Protection

Florida recognizes tenancy by the entireties for married couples:

Key Features:

• Automatic right of survivorship

• Very strong protection from individual creditors

• Cannot be severed by one spouse alone

• Terminates upon divorce or death

• Available only to legally married couples

• Valuable for asset protection

When married couples take title via special warranty deed, tenancy by the entireties can be created.

Florida Documentary Stamp Tax for Special Warranty Deeds

Understanding Florida's documentary stamp tax (same for all deed types):

Example 1: $200,000 Foreclosure in Hillsborough County

• Property value: $200,000

• Doc stamps: $200,000 ÷ 100 = 2,000 × $0.70 = $1,400

Example 2: $350,000 Estate Sale in Palm Beach County

• Property value: $350,000

• Doc stamps: $350,000 ÷ 100 = 3,500 × $0.70 = $2,450

Example 3: $500,000 REO Property in Miami-Dade County

• Property value: $500,000

• State doc stamps: $500,000 ÷ 100 = 5,000 × $0.70 = $3,500

• Miami-Dade surtax: 5,000 × $0.60 = $3,000

• Total: $6,500

Example 4: $150,000 Short Sale in Lee County

• Property value: $150,000

• Doc stamps: $150,000 ÷ 100 = 1,500 × $0.70 = $1,050

Documentary stamp tax is the same regardless of warranty type!

Florida Clerk of Court Offices

Each Florida county has a Clerk of Court that maintains Official Records:

Services Provided:

• Recording deeds and real estate documents

• Collecting documentary stamp taxes

• Maintaining property records

• Providing copies of documents

• Recording mortgages and liens

• Court records and other services

Online Services: Most Florida Clerk offices offer online document viewing and some recording services.

Foreclosure and REO Properties in Florida

Why Special Warranty Deeds are Common:

Bank-Owned Properties (REO):

• Bank didn't choose to own property

• Limited knowledge of title history

• Special warranty appropriate

• Standard practice in Florida

• Buyers understand limited warranties

Foreclosure Sales:

• Property sold through foreclosure

• Title company provides insurance

• Special warranty common

• Buyers get title insurance

• Market accepts this standard

REO Market in Florida:

• Active foreclosure market

• Investment opportunities

• Special warranty deed standard

• Title insurance essential

• Due diligence important

Estate and Probate Sales

Why Special Warranty Deeds Protect Executors:

Executor/Administrator Sales:

• Executor didn't own property

• Limited knowledge of prior title

• Personal liability protection

• Estate assets protected

• Standard in probate

Title Issues:

• Unknown liens possible

• Prior owner's issues

• Estate wants limited liability

• Buyers understand context

• Title insurance recommended

Florida Probate:

• Court supervision

• Special warranty appropriate

• Protects estate beneficiaries

• Common practice

• Acceptable to buyers

Trust Sales and Corporate Transfers

Trustee Sales:

• Trustee acting in fiduciary capacity

• Didn't own property personally

• Limited personal liability

• Special warranty appropriate

• Standard for trust transfers

Corporate Transfers:

• Company property sales

• Limited corporate liability

• Business risk management

• Negotiated terms

• Commercial standard

Short Sales in Florida

Special Warranty Deeds in Distressed Sales:

Short Sale Context:

• Property worth less than mortgage

• Seller in financial distress

• Lender approval required

• Special warranty often required

• Protects distressed seller

Florida Short Sale Market:

• Common in market downturns

• Buyer understands situation

• Title insurance essential

• Special warranty acceptable

• Due diligence important

When to Use Special Warranty vs. Other Deed Types

Use Special Warranty Deed (This Form) When:

• Selling foreclosed or REO property

• Executor selling estate property

• Trustee selling trust property

• Short sale transaction

• Corporate seller wants limited liability

• You've owned property briefly

• Buyer accepts limited warranties

• Title insurance will be purchased

Use General Warranty Deed When:

• Traditional property sale

• You can warrant entire title history

• Buyer requires full warranties

• Lender demands general warranty

• You're confident in title quality

• Building maximum buyer confidence

Use Quitclaim Deed When:

• Family transfers

• Adding/removing spouse

• Transferring to trust

• Between trusted parties

• No financing involved

• Gift transfers

Additional Florida Real Estate Forms Available

Need other Florida property forms? We also offer:

• Florida General Warranty Deeds – For full title warranties

• Florida Quitclaim Deeds – For family transfers and gifts

• Florida Lady Bird Deeds (Enhanced Life Estate) – Avoid probate

Title Insurance with Special Warranty Deeds

Why Title Insurance is Essential:

Limited Warranty Coverage:

• Special warranty only covers grantor's period

• Doesn't protect against prior defects

• Title insurance covers all time periods

• Fills the warranty gap

Lender Requirements:

• Most lenders require title insurance

• Protects lender's investment

• Owner's policy optional but recommended

• Standard in Florida transactions

Florida Title Insurance:

• Regulated rates

• One-time premium

• Protects against undiscovered defects

• Essential with special warranty deeds

Florida's Active Real Estate Market

Market Characteristics:

REO and Foreclosure Market:

• Active foreclosure inventory

• Investment opportunities

• Special warranty deeds common

• Title work essential

Estate Sales:

• Aging population

• Probate property sales

• Executor protections needed

• Special warranty appropriate

Investment Market:

• Strong investor presence

• Quick flips common

• Special warranty limits liability

• Professional investors understand

Ready to Transfer Your Florida Property with Limited Warranties?

Download your Florida special warranty deed form today and complete your property transfer with appropriate limited warranties. For just $10, you'll have everything you need to transfer your Florida real estate with balanced protection!

Get Instant Access - $10

Perfect for All Florida Property Types

Whether you're transferring:

• REO and foreclosed properties throughout Florida

• Estate and probate sales in all counties

• Trust property sales

• Short sale properties

• Corporate-owned real estate

• Investment properties being flipped

• Bank-owned properties (REO)

• Properties with limited title knowledge

• Commercial real estate with negotiated terms

Our Florida special warranty deed template provides an affordable, effective way to complete your property transfer with appropriate limited warranties while navigating Florida's unique two-witness requirement and documentary stamp tax system.

Download Your Florida Special Warranty Deed Template Now - $10

Legal Disclaimer

These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances.

Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.

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