Breach of Warranty

Posted almost 2 years ago. Applies to Las Vegas, NV, 1 helpful vote

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1

Warranty of title and against infringement; buyer's obligation against infringement.

NRS 104.2312 Warranty of title and against infringement; buyer's obligation against infringement. 1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that: (a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. 2. A warranty under subsection 1 will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.

2

Warranty provided by a seller stating that goods being sold are not in violation of any patent, copyright, trademark or other intellectual property cl

Warranty against infringement refers to a warranty provided by a seller stating that goods being sold are not in violation of any patent, copyright, trademark or other intellectual property claims. However, a warranty against infringement is not applicable, if a buyer provides a seller with specifications for the goods purchased. When a buyer orders goods of a particular specification, it is statutorily presumed that the buyer is more familiar with the origin of those specifications. Under the warranty against infringement, a seller of goods guarantees good title to a buyer. The seller also guarantees goods as against rightful claims of infringement. According to U.C.C. ? 2-312, the following are provided by a seller under a warranty against infringement: 1. Good title and rightful transfer that does not unreasonably expose a buyer to litigation because of any colorable claim to or interest in the goods; and 2.Goods that are free from any security interest or other lien

3

Litigation after the transaction where a court rules on the quality of the transferred title

For a valid transaction to take place, the previous owner must have an indefeasible title to the property and must transfer it to the new owner. Proof of this may be difficult, since it involves proving a negative: first there must not be anyone with better title than the previous owner, and second the previous owner must not have already transferred title to anyone else. Possible solutions include land registration where the state certifies the quality of titles and claims to property, or (friendly) litigation after the transaction where a court rules on the quality of the transferred title.

4

Good title is a concept in property law

Good title is a concept in property law. For a valid transaction to take place, the previous owner must have an indefeasible title to the property and must transfer it to the new owner. Proof of this may be difficult, since it involves proving a negative: first there must not be anyone with better title than the previous owner, and second the previous owner must not have already transferred title to anyone else. Possible solutions include land registration where the state certifies the quality of titles and claims to property, or (friendly) litigation after the transaction where a court rules on the quality of the transferred title.

Additional Resources

Howard Roitman, Esq. 8921 W. Shara Ave Las Vegas, Nevada 89117 (702) 647-8550

Barron's Business Dictionary

Wikipedia

Howard Roitman @ Cornell Law

Website Howard Roitman

Howard Roitman on Justia

Nevada State Bar

Howard Roitman

Google

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