2006 New York Code - Warranty Of Title And Against Infringement; Buyer\'s Obligation Against Infringement.



 
  Section 2--312. 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.
    (3) Unless otherwise agreed a  seller  who  is  a  merchant  regularly
  dealing  in goods of the kind warrants that the goods shall be delivered
  free of the rightful claim of any third person by way of infringement or
  the like but a buyer who furnishes specifications  to  the  seller  must
  hold  the  seller  harmless  against  any such claim which arises out of
  compliance with the specifications.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.