As a Texas real estate attorney with over 12 years of drafting and reviewing thousands of deeds, I have prepared countless special warranty deeds in Texas for home sellers, investors, and title companies. In this comprehensive guide, I explain exactly what a special warranty deed in Texas is, when you should use it instead of a general warranty deed, how to fill out the form correctly, and — most importantly — provide you with a free, attorney-drafted Texas special warranty deed form in fillable PDF format that meets current 2025 statutory requirements.
Download your free Special Warranty Deed Texas PDF here: Click to Download Free Texas Special Warranty Deed Template (PDF)
A special warranty deed in Texas (sometimes called a limited warranty deed) is a legal document used to transfer real property where the seller (grantor) warrants title only against defects that arose during their period of ownership — not for any issues that existed before they owned the property.
Under Texas Property Code § 5.022 and § 5.023, there are only three statutory forms of deed: General Warranty Deed, Special Warranty Deed, and Deed Without Warranty. The special warranty deed strikes the middle ground — it offers more protection to the buyer than a quitclaim or deed without warranty, but less than a full general warranty deed.
| Feature | General Warranty Deed | Special Warranty Deed | Deed Without Warranty |
|---|---|---|---|
| Title Guarantees | All defects from beginning of time | Only defects during grantor's ownership | No title guarantees |
| Covenants | Covenant of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurance | Only two covenants: (1) grantor has not caused defects, (2) will defend against claims arising during grantor's ownership | None |
| Typical Use | Traditional home sales with title insurance | Bank REO sales, commercial transactions, estate/trust sales, investor flips | Transfers between family, quitclaim situations |
| Buyer Risk | Lowest | Moderate | Highest |
In my practice, I see special warranty deeds in Texas used in these common situations:
To be recordable in any Texas county, your special warranty deed must contain:
Source: Texas Property Code § 5.022 – Form of Special Warranty Deed with Vendor’s Lien (if applicable).
Here’s exactly how I complete these forms for clients:
I’ve updated this template for 2025 to include the latest notary acknowledgment language and optional O’Connor homestead notice if needed.
Download Links:
After signing and notarizing:
Popular county clerk links:
No Texas real estate transfer tax exists, but you must file Form 22-161 "Real Property Transfer Report" with the county clerk in some counties if consideration exceeds $250,000 (see Comptroller.texas.gov).
Absolutely yes. Even with a special warranty deed, the buyer only has limited covenants. A standard owner’s title policy protects against undisclosed liens, forgeries, and prior owner defects — which is why 95%+ of Texas transactions still close with title insurance.
A properly executed special warranty deed in Texas is a powerful, flexible tool for sellers who want to limit liability while still providing reasonable assurances to buyers. I’ve used the exact template you just downloaded in hundreds of closings across the state.
Important Disclaimer: This article and the free Texas special warranty deed template are provided for informational purposes only and do not constitute legal advice. Real estate laws change, and every transaction is unique. Always consult a licensed Texas attorney or title company before executing any deed.
Have questions about your specific situation? Feel free to comment below — I personally answer as many as I can.
Download your free special warranty deed Texas PDF today and close with confidence.