Ohio Warranty Forms - Oh Limited Warranty
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Warranty Forms FAQ Ohio Limited Warranty
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.
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What is a Warranty Deed?
A Warranty Deed is a legal document that guarantees the buyer of a property in Ohio that the seller has the rightful ownership and transfer rights to the property. It provides the buyer with protection and assurance that the property is free from any liens, encumbrances, or claims. The Warranty Deed also pledges that the seller will defend the buyer’s ownership against any future claims made by others. In simpler terms, it’s a written assurance that the property you’re buying in Ohio belongs to you without any legal troubles or surprises.
Does a Warranty Deed Prove Ownership?
A warranty deed is a legal document that confirms the transfer of property ownership from one party to another. However, it does not provide absolute proof of ownership on its own. In Ohio, a warranty deed is commonly used to transfer property rights and includes guarantees from the seller that they hold clear title to the property. While a warranty deed is strong evidence of ownership, it is still essential to conduct a thorough title search to ensure the property is clear of any liens or claims that could affect ownership.
Types of Warranty Deeds
In Ohio, there are a few different types of warranty deeds that are commonly used when transferring property. One type is the general warranty deed, which provides the highest level of protection for the buyer. It guarantees that the seller has clear ownership of the property and promises to defend against any future claims. Another type is the special warranty deed, which only guarantees the seller's ownership during the time they owned the property, and not before. This means that any issues or claims from previous owners are not covered. Lastly, there is the quitclaim deed, which offers the least protection for the buyer. It simply transfers whatever interest the seller has in the property, without any guarantees or promises. When buying or selling property in Ohio, it's important to understand the type of warranty deed being used to ensure appropriate protection.
General Warranty Deed
A General Warranty Deed in Ohio is a legal document used when transferring real estate property ownership from one person to another. It provides the highest level of protection for the buyer as it guarantees that the property is free and clear from any defects or claims that might arise in the future. Simply put, it ensures that the seller is legally responsible for any issues that may arise after the sale, such as unpaid taxes or liens. This type of deed is commonly used in Ohio to protect both the buyer and the seller during a property transaction.
Statutory Warranty Deed
A statutory warranty deed is a legal document used in Ohio to transfer ownership of real estate from one party to another. It provides a guarantee or warranty that the seller has good legal title to the property and that there are no undisclosed encumbrances or defects. This means that the seller promises to defend the buyer against any claims made by others regarding the property's ownership or any hidden problems that may arise later. In simpler terms, it ensures that when you buy a property in Ohio, you are protected and can trust that the seller legally owns it and there are no hidden issues.
