(Sales) Warranty of Title Flashcards
1
Q
the seller represents that they will convey good title to the buyer
A
free from any security interests and liens.
2
Q
To disclaim warranty of title..
A
seller would need to use “special language” that would give the buyer “reason to know” that there is no warranty of title.
3
Q
Assuming the victim did not voluntarily give up possession, does a thief acquire good title (or even a “voidable” title) to a stolen item, such as a painting (or an antique, electronic equipment, collectibles, etc.)?
A
No, As a result, the true owner (the victim of the theft) can recover the items (such as the painting) through a replevin action.