Car Sale: Deliver Good Title

Car Sale: Deliver Good Title 





Craigslist Car Sale Goes to Court

The issue is the failure of the seller to deliver good title.

Steve Lehto YouTube channel video

[link]

https://www.youtube.com/watch?v=XHL8OFI3lIE

This is UCC 2-312

at 4:11 he says "unless disclaimed"

Section 2 - Sale of Goods
Part 3 - Warranty for Title

UCC 2-312 (Uniform Commerical Code)

§ 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.


[https://www.law.cornell.edu/ucc/2/2-312]