Hawaii courts and lawyers also use the term special warranty deed-which is the same as a limited warranty deed. The new owner bears the risk of any title problems caused by events earlier in the property’s chain of title. The current owner guarantees a good, clear title, but the guarantee only covers issues that arose while the current owner held title. Hawaii Limited Warranty Deed FormĪ Hawaii limited warranty deed form transfers real estate with warranty of title limited to the current owner’s ownership period. The warranty of title terms must be expressly written in a Hawaii general warranty deed. Hawaii general warranty deeds typically state that the current owner “grants, bargains, sells, and conveys” the property to the new owner. General warranty deeds are the deeds most commonly used for sales of residential real estate the buyer will live in. The current owner therefore bears the risk of all potential problems with the property’s title not expressly excluded from the warranty. The guarantee covers the property’s entire chain of title. The current owner guarantees that the new owner will receive a good, clear title. Hawaii General Warranty Deed FormĪ Hawaii general warranty deed form transfers real estate with complete warranty of title. Hawaii quitclaim deeds typically state that the current owner “remises, releases, and forever quitclaims” the property to the new owner. Quitclaim deeds are best-suited to transactions involving little or no consideration exchanged for the transferred real estate. The new owner assumes all risk of known or unknown problems with the title. The new owner receives whatever interest the current owner can legally transfer. The current owner does not guarantee a good, clear title. Hawaii Quitclaim Deed FormĪ Hawaii quitclaim deed form transfers real estate without warranty of title. Hawaii deeds are instead based on common law principles. Each Hawaii deed form provides a different level of warranty of title-the current owner’s guarantee that the property’s title is valid and free of liens or other title issues. Hawaii law recognizes three basic types of deeds for transferring real estate ownership during the owner’s life. What Types of Deeds Are Recognized in Hawaii? Just complete a user-friendly interview and get a customized deed that is attorney-designed to meet Hawaii recording requirements.
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