Oklahoma Warranty Forms - Extended Service Contract Oklahoma

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Warranty Forms FAQ Oklahoma Warranty Deed Form

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 in Oklahoma is a legal document that guarantees the buyer of a property that the seller owns the property and has the right to sell it, and that the property is free from any liens or encumbrances. It is a written promise from the seller to the buyer that they will defend the buyer's ownership rights against any claims made by others. This deed provides peace of mind to the buyer, as it ensures that the property they are purchasing is legally sound and protected. It is commonly used in real estate transactions to transfer ownership rights from one party to another in Oklahoma.


Does a Warranty Deed Prove Ownership?

Yes, a warranty deed in Oklahoma does provide proof of ownership in simple terms. When someone buys or sells a property in Oklahoma, they usually transfer ownership using a warranty deed. This legal document clearly states that the seller is transferring their ownership and guaranteeing that there are no hidden claims or liens on the property. It provides assurance to the buyer that they are receiving clear and marketable title to the property. In Oklahoma, a properly executed and recorded warranty deed serves as solid evidence of ownership and helps protect the buyer's rights.


Types of Warranty Deeds

In Oklahoma, there are three main types of warranty deeds that are used to transfer ownership of property from one person to another. The first type is a general warranty deed, which provides the highest level of protection for the buyer. It guarantees that the seller has the legal right to sell the property and promises to defend the buyer against any claims on the property's title. The second type is a special warranty deed, which guarantees that the seller has not done anything to harm the property's title during their ownership, but does not provide as much protection as a general warranty deed. The third type is a quitclaim deed, which is the least protective for the buyer, as it only transfers the seller's rights and interest in the property, without making any guarantees about the title. It is important for both buyers and sellers to understand these different types of warranty deeds in order to make informed decisions about their property transactions in Oklahoma.


General Warranty Deed

A general warranty deed in Oklahoma is like a special legal document that guarantees the buyer of a property that the seller truly owns the property and has the right to sell it. It also ensures that there are no hidden surprises or issues with the property title, like liens or other claims against it. With a general warranty deed, the seller promises to defend the buyer against any problems related to the property's ownership in the future. So if any unexpected issues arise, the buyer can go back to the seller for help and protection. It's a way to make sure both the buyer and seller feel secure and confident in the transaction.


Statutory Warranty Deed

In Oklahoma, a statutory warranty deed is a legal document that guarantees the buyer of a property that the seller has the legal right to sell it and that the property is free from any undisclosed encumbrances or claims. In simple terms, it means that when someone buys a property using a statutory warranty deed, they are protected and can be confident that they are getting a property that is legally owned by the seller and clear of any hidden problems. This type of deed is commonly used in real estate transactions in Oklahoma to provide a level of assurance and protect the rights of the buyer.