Tennessee Warranty Forms - Tennessee Warranty Document
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Warranty Forms FAQ Tn Breach 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 shows ownership of a property. It provides a guarantee, or warranty, to the buyer that the seller legally owns the property and has the right to sell it. In Tennessee, a warranty deed is commonly used to transfer real estate. It includes important details such as the names of the buyer and seller, a description of the property, and any conditions or restrictions that apply. This document is important because it protects the buyer from any potential future claims or disputes over the property. The warranty deed is usually signed by both parties and then recorded at the county courthouse to make the transfer official.
Does a Warranty Deed Prove Ownership?
Yes, a warranty deed is a legal document that provides evidence of ownership for a property. In Tennessee, a warranty deed is commonly used to transfer real estate ownership rights from the seller (granter) to the buyer (grantee). The warranty deed typically includes a guarantee from the seller that they legally own the property and have the right to sell it. This assurance helps establish ownership rights and protects the buyer against any potential claims or disputes. In simpler terms, a warranty deed serves as proof of ownership for a property in Tennessee.
Types of Warranty Deeds
In Tennessee, there are three main types of warranty deeds: general warranty deeds, special warranty deeds, and quitclaim deeds. With a general warranty deed, the seller guarantees that the property is free from any defects in title, even if they occurred before they owned it. This type of deed offers the most protection for the buyer. Special warranty deeds, on the other hand, only provide a guarantee against defects that occur during the seller's ownership. This means that any issues from before they owned the property are not covered. Lastly, a quitclaim deed is the least secure option for the buyer as it offers no warranties or guarantees. It simply transfers the seller's ownership rights to the buyer without guaranteeing anything about the property's title.
General Warranty Deed
A General Warranty Deed in Tennessee is a legal document that guarantees the buyer of a property that the seller has clear ownership of the property and has the right to sell it. It also offers protection to the buyer by stating that the property is free from any liens, debts, or other claims. This type of deed provides the highest level of assurance to the buyer, as it covers any title issues that may arise in the future. In simple terms, it means that when you buy a property in Tennessee with a General Warranty Deed, you can be confident that you are getting a property with a clear title and that the seller is responsible for any potential legal issues related to the property's ownership.
Statutory Warranty Deed
A Statutory Warranty Deed in Tennessee is a legal document that guarantees the seller of a property has the right to sell it and promises to protect the buyer against any future claims or issues with the property's title. This means that if any problems arise later, like someone else claiming ownership or illegal liens on the property, the seller is responsible for addressing and resolving these issues. In simple terms, it provides the buyer with peace of mind and ensures they are protected when purchasing a property in Tennessee.
