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California Commercial Code Section 2312

Legal Research Home > California Lawyer > Commercial Code > California Commercial Code Section 2312

(1) Subject to subdivision (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 subdivision (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.

Last modified: January 12, 2009