Arizona Warranty Forms - Az Warranty Law

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Warranty Forms FAQ Arizona Special Warranty

What can I do about a product or service that didn't live up to promises?

If the seller or manufacturer disputes a breach of warranty claim, a claim may need to be filed in court. A breach of warranty claim involves a broken promise about a product made by either a manufacturer or a seller. The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract. Warranties are also express or implied. An express warranty is a particular stipulation introduced into the written contract, by the agreement of the parties; an implied warranty is a guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.

What is the difference between an express and implied warranty?

Warranties may be either express or implied. Express warranties are created by affirmative acts of the seller that are an affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain. Express warranties can be created when the seller describes the goods or furnishes samples. Express warranties create strict liability for the seller, so that negligence need not be proven. In general, express warranties are based on factual statements rather than opinions about the future. An exception is made when it is a professional opinion which can create a warranty. Under the Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, liability for breach of warranty is based on seller status. Manufacturer, distributor, and retailer could all be jointly and severally liable, so that the full amount of damages could be collected from one or any of them. The distributor and retailer may be able to escape liability if the manufacturer is not bankrupt. Purchasers, consumers, users, and even bystanders are entitled to sue in most states for breach of warranty.


What is a Warranty Deed?

A warranty deed is a legal document that guarantees the buyer of a property in Arizona that the seller has the full right and authority to sell the property, and that there are no hidden claims or encumbrances on the property. It assures the buyer that they will have clear ownership of the property and protects them against any future disputes or claims that may arise. In Arizona, a warranty deed is a commonly used type of deed to transfer real estate ownership, providing peace of mind to both the buyer and the seller.


Does a Warranty Deed Prove Ownership?

Yes, a warranty deed can prove ownership of a property in Arizona. When someone buys a property, the seller uses a warranty deed to transfer their ownership rights to the buyer. This legal document guarantees that the seller has the right to sell the property and that there are no hidden issues or encumbrances. The warranty deed provides evidence that the buyer now owns the property and can use it as they see fit. In Arizona, this type of deed offers a strong level of protection for property owners, ensuring their ownership is legitimate and secure.


Types of Warranty Deeds

In Arizona, there are two main types of warranty deeds used to transfer property ownership. The first is the general warranty deed, which provides the highest level of protection to the buyer. This type of deed assures the buyer that the seller holds clear and marketable title to the property and will defend against any claims that may arise. It also guarantees that there are no undisclosed liens or encumbrances on the property. The second type is the special warranty deed, which is less protective than the general warranty deed. With this type of deed, the seller guarantees that they have not caused any title-related issues during their ownership, but does not offer protection against any defects that existed prior to their ownership. It is important for buyers in Arizona to understand the difference between these two types of warranty deeds to ensure they are getting the level of protection they desire when purchasing property.


General Warranty Deed

A General Warranty Deed is a legal document used in Arizona to transfer property ownership from one person to another. It provides the buyer with solid protection by guaranteeing that the seller has the legal right to sell the property and that there are no hidden claims or debts against it. In simple terms, it assures the buyer that they are getting clear and clean ownership of the property. If any issues arise in the future, the seller is responsible for resolving them. This type of deed is widely used in Arizona to ensure a smooth and secure real estate transaction for both parties involved.


Statutory Warranty Deed

In Arizona, a statutory warranty deed is a legal document that guarantees the property being sold is free from any legal claims or issues. It gives the buyer assurance that the seller has the right to sell the property and will defend the buyer's ownership against any future claims. This type of deed provides strong protection for the buyer, as it guarantees the property's title and quality. In simple terms, it means that when you buy a property in Arizona and receive a statutory warranty deed, you can have peace of mind knowing that there won't be any unexpected legal or ownership problems down the line.