Stack 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.

For example, if a farmer goes to a farm supply store, and tells the salesperson they need a plow for the rocky soil of their farm, and the salesperson directs them to a particular plow, there may be an implied warranty that the plow in question is fit for use in rocky soil.

Implied warranties are governed by state laws, not federal laws. The two key types of implied warranties are merchantability and fitness.

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.

With a general warranty deed the warranty clause in the deed states ?and warrants title to the same.? This means that the warranty of title provided by the seller extends back in time to people who might claim an interest in title before the seller ever bought the property.

Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. 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.

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).