A special warranty deed in Hawaii is a legal mechanism for transferring real estate within the state. It offers some similarities to a regular warranty deed, including a certain level of assurance from the seller to the purchaser.
Yet, this assurance is restricted only to affirming that the grantor didn’t infringe on or assign any rights to the property while they were the owner.
Contrary to a warranty deed, it doesn’t offer a guarantee against potential claims from others who may have had interests in the property from transactions predating the grantor’s acquisition of the property.
It is therefore essential for the buyer to conduct a thorough property or title search to understand exactly what rights they are buying in a property.
The following guide is meant to assist you in filling out the blanks in the form:
Enter the name and address of the person or entity to whom the document should be returned after being recorded.
Enter the tax map key number associated with the property. This number can be obtained from the county assessor’s office.
Enter the book and page number of any prior recorded instrument relating to this property. This can be obtained from the recorder’s office.
Enter the full legal name of the grantor (seller), the last four digits of the grantor’s social security or taxpayer identification number and his or her the full address.
Enter the dollar amount of the purchase price.
Enter the full legal name of the grantee (buyer), the last four digits of the grantee’s social security or taxpayer identification number, and his or her the full address.
Enter the certificate of title number for the property, which can be obtained from the county recorder’s office.
Enter the county where the property is located.
Enter the legal description of the property. This could be the lot and block number, a metes and bounds description, or other method used in your state.
If the description is lengthy, you may write “See Exhibit A attached” and attach a separate sheet.
The Grantor signs and prints his or her name here.
Enter the full address of the grantor.
Enter the name and the address of the person or entity who prepared the document.
The notary public will complete this section, including the name of the person(s) acknowledging the document, the date, their own name, and their commission expiration date.
Please consult a legal professional if you need any further guidance to make sure everything is filled correctly.
To wrap up, the Hawaii special warranty deed is a vital legal tool for property transfers, providing specific assurances from the seller.
While it doesn’t cover prior claims, it establishes a clear framework for property transactions.
This guide has served as a valuable resource for correctly filling out the form, ensuring transparency and legality in property transfers.