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Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold. If such assurance is proved to be untrue, the buyer has a claim for breach of warranty.
Warranty of title is a guarantee a real estate seller provides to the buyer. A complete warranty or title in Pennsylvania consists of several covenants of title?legal promises about the transferred property's title: Covenant of seisin. The seller holds complete title to the property.
Pennsylvania, unlike many states, does not have a ?buyer's remorse? statute on the books, which means that consumers do not have legal grounds to return a vehicle unless they have a valid reason for doing so that is related to fraud, a serious defect, or misrepresentation.
Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else).
--Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
The Implied Warranty of Merchantability applies only to merchants with respect to goods they are in the business of selling. The warranty implies into the sale that the goods are not defective and are fit for the ordinary purpose for which such goods are used.