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Warranty of title and against infringement; obligation of buyer against infringement - 13 Pa. Cons. Stat. § 2312Legal Research Home > Pennsylvania Statutes
§ 2312. Warranty of title and against infringement; obligation
of buyer against infringement.
(a) General rule.--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) Exclusion or modification of warranty.--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) Warranty of merchant regularly dealing in goods.--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.
Cross References. Section 2312 is referred to in section
2607 of this title.
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Last modified: November 27, 2007 |