Special Warranty Deed Texas Guide: What a Pharr Seller Promises at Closing
The deed you sign decides what you promise the buyer about the title. Here is how a special warranty deed differs from a general warranty deed in Texas, which one the standard contract names, and how the owner's title policy fits.
If you are selling a house in Pharr, the closing deed carries a promise to the buyer about the title, and that promise stays in force after the sale. This guide to the special warranty deed Texas sellers sometimes ask for explains what it promises next to a general warranty deed, which deed the standard Texas contract names, and where the buyer's title policy fits in.
What is the difference between a general and a special warranty deed?
A general warranty deed backs the title against any valid claim, no matter when it arose; a special warranty deed backs it only against claims that arose during the seller's ownership. The statutory general warranty form in section 5.022 of the Texas Property Code commits the seller to defend the title forever against anyone with a lawful claim to the property.
A federal definition used by the USDA's Rural Housing Service describes a special warranty deed as one where the seller "agrees to protect the grantee against any claims arising during the grantor's period of ownership." The same rule describes a quitclaim deed as a transfer of the seller's interest "without warranties or covenants." So the three deeds run from the broadest promise, to a promise about your own years, to no promise at all.
Special warranty deed Texas basics: is a warranty even required?
No, Texas law does not require a warranty in a deed. Section 5.022(b) of the Property Code states that a deed does not need a covenant of warranty at all, and section 5.022(c) leaves the parties free to add their own clauses or choose their own form, so long as nothing in it breaks the law. That freedom is what makes a special warranty deed possible.
One detail surprises many sellers. Under section 5.023, a deed that uses the verb grant or convey carries two promises by implication unless it expressly excludes them: the seller has not previously transferred the property, or any interest in it, to another person, and the property is unencumbered at the time of signing. The statute lets a buyer sue on those implied promises just as if the deed spelled them out.
Which deed does the standard Texas contract require?
The standard resale contract calls for a general warranty deed. Under paragraph 9B(1) of TREC form 20-19, the seller must sign and hand over a general warranty deed at closing that transfers title to the buyer with no exceptions beyond the ones paragraph 6 allows.
So a seller who prefers the narrower special warranty has to negotiate that change into the contract before signing it, not at the closing table. Leave the standard form as printed and you have accepted the broader promise. Ask your attorney or the title company to explain the wording of any deed change before you agree to it.
When does a special warranty deed make sense for a Pharr seller?
It fits a seller who has no first-hand knowledge of the title's history before their own ownership began. Think of a Pharr home you inherited from a parent, a rental you bought years ago with no records of earlier owners, or a property you took back through a family arrangement. You can describe what happened on your watch; you may have no way to know what happened before it.
Federal rules use the same logic. The VA's loan guaranty regulations, for example, describe a loan holder conveying a property to the VA by special warranty deed. If you are weighing a direct sale of a Rio Grande Valley house instead of a listing, the House Buyers Texas page for owners searching we buy houses in Pharr explains how that kind of sale works.
How does the owner's title policy fit with the deed?
The deed's warranty is a promise from you; the buyer's owner policy is a separate contract with a title insurer. Under paragraph 6A of the TREC contract, the seller furnishes the buyer that title insurance policy, paid by the seller or the buyer as the contract box says, in the amount of the sales price, insuring the buyer against loss under the policy's provisions.
So under the standard contract the buyer gets both protections: your warranty in the deed and the insurer's policy. The policy is subject to the exclusions and the listed exceptions in paragraph 6A, so ask the title company early which exceptions it expects to show for your house. These rules are statewide; a seller in Pharr and one comparing house buyers in San Antonio work under the same Property Code chapter and the same TREC form.
What should you ask before you sign a deed?
Start with the contract: which deed does it name, and did anyone change paragraph 9B? Then ask the title company which exceptions it expects to list, and ask how title came to you, especially if you inherited the house. Have an attorney read the warranty clause in the actual deed, because the words in that clause are what you are promising.
A deed is short, but it is the one closing document that keeps speaking for you after the keys change hands. Knowing whether yours says general warranty, special warranty or no warranty at all is worth one careful read before you sign.
This article is general information about Texas law and the TREC resale contract, not legal advice. For advice about your own deed or sale, talk to a Texas real estate attorney.