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Warranty of title can give the buyer of a property legal recourse to sue the seller if there is a claim or issue attached to the property. For example, an heir of a prior owner may have an unresolved claim to the property that was not made known by the seller.

A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.

An implied warranty is automatically presumed regarding the sale of goods or real property, which prevents a risk from transferring to the buyer. An implied warranty is different from an express warranty, where the seller has expressly promised by words (i.e. orally or in writing) or conduct (e.g., sample or model).

Implied condition as to title: This implies the seller has the right to sell a good in particular in the event that he is the genuine proprietor and holds the title of the merchandise or he is an agent of the title holder.

In conclusion, the warranty as to existence of encumbrance is not an implied warranty. It is explicitly stated in the contract. There are other implied warranties, including warranty as to undisturbed possession and warranty as to quality or fitness by usage of trade.

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).