West Virginia Warranty Forms - West Virginia Warranty Law

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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 used to transfer ownership of real estate property from one person to another. It provides a guarantee, or warranty, that the seller has clear and valid ownership of the property and the right to sell it. Essentially, it promises the buyer that they are receiving the property free from any claims or issues that may arise from previous owners. In Virginia, a warranty deed is commonly used in real estate transactions to ensure that the buyer has full protection and peace of mind when purchasing a property.


Does a Warranty Deed Prove Ownership?

A warranty deed is a legal document used in Virginia, and it helps show proof of ownership for a property. It is a simple and straightforward way to demonstrate that someone truly owns a piece of land, a house, or any other real estate property. When someone receives a warranty deed, it means that the seller is transferring their ownership rights to the buyer, and promising that they have clear ownership without any unknown claims or issues. This document is important for both the buyer and the seller, providing assurance and legal protection in property transactions. So, yes, a warranty deed does prove ownership, and it is widely used in Virginia to establish property ownership rights.


Types of Warranty Deeds

In Virginia, there are two main types of warranty deeds that people use to transfer property ownership. The first one is the general warranty deed. With this type of deed, the seller promises to the buyer that they hold a clear title to the property and will defend it against any future claims. This means that if any problems or disputes arise from previous owners, the seller is responsible for resolving them. The second type is the special warranty deed. This deed only guarantees that the seller has not caused any title problems during their ownership, but it does not cover any issues that might have existed before the seller's ownership. It is important to understand these different types of warranty deeds when buying or selling property in Virginia.


General Warranty Deed

In Virginia, a General Warranty Deed is a legal document used to transfer ownership of real estate property from the seller to the buyer. It offers the highest level of protection to the buyer by guaranteeing that the seller holds clear and undisputed title to the property. This means that the seller is responsible for any claims or issues that may arise with the property's ownership history. With a General Warranty Deed, the buyer can have peace of mind knowing that they are purchasing a property free from any legal complications, making it a preferred choice in real estate transactions in Virginia.


Statutory Warranty Deed

A statutory warranty deed in Virginia is a legal document that transfers ownership of a property from one person to another. It provides certain assurances and promises to the buyer from the seller. This type of deed promises that the seller is the rightful owner of the property, and that they have the legal authority to sell it. It also guarantees that the property is free from any undisclosed liens or encumbrances. In simple terms, this deed serves as a legal protection for the buyer, ensuring that they are purchasing a property without any hidden issues or legal problems.