Alabama Warranty Forms - Alabama Limited Warranty

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Warranty Forms FAQ Alabama Warranty Law

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 guarantees that the seller has the legal right to sell the property and provides assurance that the property is free from any liens or claims. In Alabama, a warranty deed is commonly used to ensure that the property being sold is conveyed with a clear title to the buyer. This means that the buyer can have peace of mind knowing that they are receiving a property without any hidden problems or legal issues. The warranty deed also includes promises from the seller that they will defend the buyer's ownership rights against any future claims.


Does a Warranty Deed Prove Ownership?

A Warranty Deed is a legal document that shows the transfer of ownership of a property from one person to another. However, it does not guarantee or prove ownership by itself. In Alabama, a Warranty Deed is commonly used to provide a certain level of protection to the buyer, as the seller promises that they are the lawful owner of the property and have the right to sell it. It also ensures that the seller will defend the buyer against any future claims on the property. While a Warranty Deed is an important piece of evidence, it is still necessary to conduct a thorough title search and review other supporting documents to ascertain ownership in Alabama.


Types of Warranty Deeds

In Alabama, there are three main types of warranty deeds: general warranty deed, special warranty deed, and quitclaim deed. A general warranty deed offers the highest level of protection for the buyer as it guarantees that the seller legally owns the property and there are no hidden issues or claims on it. A special warranty deed also provides some level of protection, but only for the time when the seller owned the property, not before. Lastly, a quitclaim deed doesn't offer any guarantees or warranties. It simply transfers the seller's interest in the property to the buyer, without making any claims about its ownership or condition.


General Warranty Deed

A General Warranty Deed in Alabama is a legal document used to transfer property ownership from one person to another. It includes several important provisions that protect the buyer. This type of deed guarantees that the seller has the lawful right to sell the property and also ensures that there are no hidden defects or claims against the property. In simpler terms, it means that when you buy a property in Alabama with a General Warranty Deed, you can be confident that you are getting a clear and valid title to the property without any hidden issues. The seller takes responsibility for any problems that may arise, even if they occurred before they owned the property.


Statutory Warranty Deed

A statutory warranty deed in Alabama is a legal document that ensures the buyer of a property is protected. It guarantees that the seller is the rightful owner of the property and has the legal authority to sell it. This type of deed also guarantees that the property is free from any liens or encumbrances, unless specifically stated in the deed. In simple terms, it means that when you buy a property in Alabama with a statutory warranty deed, you can be confident that you are getting a clean and valid title to the property.