Fit Title Warranty For Free

A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.

Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

For example, if you tell a salesman you want a saw for cutting metal and it turns out it won't cut through metal, you may return the item under the implied warranty of fitness. With the warranty of fitness, the good or product works fine, but it does not meet the buyer's intended use.

The two key types of implied warranties are merchantability and fitness. Merchantability says that a product will meet reasonable expectations of the buyer, while fitness means the product meets the buyer's intended use.

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.

In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to.

A warranty of fitness is a type of warranty that asserts that the goods are suitable for the special purpose of the buyer, and such warranty will not be satisfied by mere fitness for general purposes.

Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

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).

The implied warranty of title comes in every sale unless effectively disclaimed. It guarantees that the seller has the legal right to transfer the goods and they will be delivered free from liens or encumbrances that the buyer did not know about at the time of contracting.