New Hampshire Warranty Forms

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Warranty Forms FAQ

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 has the full ownership of a property and that the seller has the right to sell it. It ensures that the property is free from any claims or liens, protecting the buyer's interests. In New Hampshire, a Warranty Deed is commonly used when transferring property ownership. This legal document gives the buyer peace of mind, knowing that they are acquiring a property with a clean title and the seller is legally obligated to defend the buyer's ownership if any issues arise in the future.


Does a Warranty Deed Prove Ownership?

In plain terms, a warranty deed is a legal document that proves ownership of a property in New Hampshire. It serves as strong evidence that the seller has the right to transfer ownership to the buyer. However, it is important to note that a warranty deed alone might not be the only proof of ownership. Other documents like title insurance policies, surveys, and property tax records are often used collectively to validate ownership. It is recommended to consult with a real estate attorney or a qualified professional to ensure that all necessary documents and requirements are fulfilled to establish unquestionable ownership of a property in New Hampshire.


Types of Warranty Deeds

In New Hampshire, there are a few types of warranty deeds that help protect property buyers. A general warranty deed is the most common one and provides the highest level of protection. It guarantees that the property is free from any claims or issues, whether they happened in the past or might occur in the future. Limited warranty deeds, on the other hand, only offer protection for a specific period of time and against certain types of claims. It is important for buyers to carefully review the type of warranty deed they are getting to ensure they have the right level of protection.


General Warranty Deed

A General Warranty Deed in New Hampshire is a legal document used to transfer property ownership from one person to another. It provides the buyer with the highest level of protection because the seller guarantees that they have clear and undisputed ownership of the property, free from any encumbrances or claims. This means that if any issues arise in the future related to the property's ownership or title, the seller is obligated to defend the buyer's rights and cover any costs associated with resolving those issues. So, a General Warranty Deed in New Hampshire gives buyers peace of mind and security when purchasing real estate in the state.


Statutory Warranty Deed

In New Hampshire, a statutory warranty deed is a legal document used to transfer property ownership from one person to another. When someone purchases a property, the seller provides this deed, which guarantees that they have the legal right to sell the property and that it is free from any liens or encumbrances, unless stated otherwise. This type of deed offers the highest level of protection for the buyer, as the seller guarantees to defend the buyer against any claims made by others regarding the property. It assures the buyer that they will be protected in case any issues arise after the sale. So, if you are buying a property in New Hampshire, a statutory warranty deed is a good choice to ensure your investment is secure.