New York Warranty Forms - New York Warranty Law

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Warranty Forms FAQ Ny Form 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 transfers the ownership of a property from one person to another person or entity. This document ensures that the seller (granter) has the right to sell the property and guarantees that the property is free from any past or future claims or liens. In New York, a Warranty Deed is commonly used in real estate transactions to provide a higher level of protection for the buyer (grantee). It guarantees that the buyer will receive a clear title to the property and that the seller will be held responsible for any defects or claims on the property that may arise in the future. This gives the buyer peace of mind that they are getting a property with undisputed ownership and protects their investment.


Does a Warranty Deed Prove Ownership?

A warranty deed is a legal document that provides evidence of ownership for a property. It serves as a proof that someone owns the property and has the right to sell or transfer it. In New York, a warranty deed is commonly used to show ownership and provide protection to the buyer, ensuring that there are no hidden or undisclosed claims or liens on the property. So, having a warranty deed in New York can help establish ownership and provide peace of mind to both buyers and sellers.


Types of Warranty Deeds

In New York, there are two main types of warranty deeds that are commonly used in real estate transactions. The first is a general warranty deed, which provides the highest level of protection to the buyer. With this type of deed, the seller guarantees that they have good and clear title to the property and that it is free from any undisclosed liens or encumbrances. The second type is a special warranty deed, which offers a more limited guarantee. In this case, the seller only warrants that they have title to the property during the time they owned it, but not before. It means that any potential issues before the seller's ownership is not covered by this warranty deed. Both types of warranty deed help to ensure the buyer's rights and protect their investment in real estate.


General Warranty Deed

A General Warranty Deed in New York is a legal document that protects the buyer of a property. It guarantees that the seller has the full right and authority to sell the property and that there are no hidden issues or claims on the property. This means that the seller promises to defend the buyer against any future legal problems that may arise related to the property. In simple words, it is like a binding promise from the seller to the buyer that the property is legally clean and the buyer won't face any unexpected trouble in the future regarding ownership.


Statutory Warranty Deed

In New York, a statutory warranty deed is a legal document that provides a guarantee to the buyer that the seller has clear title to the property being sold. This means that the seller promises that there are no claims, liens, or other encumbrances on the property, and that they have the right to sell it. It also assures that the seller will defend the buyer against any legal issues that may arise in relation to the property. In simpler terms, a statutory warranty deed in New York is a way to make sure you are buying a property with a clean and secure ownership history.