Arizona Revised Statutes § 47-2312 Warranty Of Title And Against Infringement; Buyer's Obligation Against Infringement

47-2312. Warranty of title and against infringement; buyer's obligation against infringement

A. Subject to subsection B there is in a contract for sale a warranty by the seller that:

1. The title conveyed shall be good, and its transfer rightful; and

2. 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.

B. A warranty under subsection A 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.

C. 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.

Section: Previous  47-2305  47-2306  47-2307  47-2308  47-2309  47-2310  47-2311  47-2312  47-2313  47-2314  47-2315  47-2316  47-2317  47-2318  47-2319  Next

Last modified: October 13, 2016