Texas Warranty Forms - Texas Legal Warranty
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Warranty Forms FAQ Tx Legal 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 used in Texas to transfer ownership of a property from one person or entity to another. It provides a guarantee, or warranty, that the seller (granter) holds clear and undisputed title to the property and has the lawful authority to transfer it. This type of deed also assures the buyer (grantee) that they are acquiring the property free from any liens, encumbrances, or claims made by others. In simple terms, a warranty deed in Texas ensures that the buyer is getting a property with a clean record and protects them against any future legal issues relating to ownership of the property.
Does a Warranty Deed Prove Ownership?
Yes, a Warranty Deed does prove ownership of a property in Texas. This legal document is used to transfer ownership rights from one person to another. When you receive a Warranty Deed, it means that the seller guarantees they have the right to sell the property to you, and that they will defend your ownership against any claims in the future. It provides peace of mind and evidences your ownership of the property.
Types of Warranty Deeds
In Texas, there are a few types of warranty deeds that you should know about. The first is a general warranty deed, which offers the strongest protection to the buyer. It promises that the seller owns the property and has the right to sell it, and also guarantees that the property is free from any title issues or legal problems. Another type is a special warranty deed, which is a bit less protective for the buyer. It only guarantees that the seller hasn't caused any title problems during their ownership. Finally, there's a deed without warranty, also known as a quitclaim deed. This type of deed offers no promises or guarantees about the property's title. So, when buying a property in Texas, it's important to understand which type of warranty deed you're getting to make sure you're protected.
General Warranty Deed
A General Warranty Deed is a legal document used in Texas to transfer property ownership from one person to another. It provides the highest level of protection for the buyer as it guarantees that the seller has full legal ownership of the property and has the right to sell it. This type of deed also assures that the property is free from any undisclosed liens, claims, or encumbrances. In simpler terms, when you buy a property in Texas using a General Warranty Deed, you can feel confident that you own it and there are no hidden issues that may cause problems in the future.
Statutory Warranty Deed
A statutory warranty deed is a legal document used in Texas to transfer ownership of real estate. It is a promise from the seller (also known as the granter) to the buyer (also known as the grantee) that they legally own the property and have the right to sell it. This type of deed guarantees that there are no hidden claims or restrictions on the property title, except those mentioned in the deed itself. It provides added protection for the buyer by promising to defend their ownership rights against any future challenges. Essentially, a statutory warranty deed ensures that the buyer is getting a clean and clear title to the property they are purchasing in Texas.
