Oregon Warranty Forms - Oregon Warranty Law
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Warranty Forms FAQ Or Warranty Law
What can I do about a product or service that didn't live up to promises?
If the seller or manufacturer disputes a breach of warranty claim, a claim may need to be filed in court. A breach of warranty claim involves a broken promise about a product made by either a manufacturer or a seller. The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract. Warranties are also express or implied. An express warranty is a particular stipulation introduced into the written contract, by the agreement of the parties; an implied warranty is a guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.
What is the difference between an express and implied warranty?
Warranties may be either express or implied. Express warranties are created by affirmative acts of the seller that are an affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain. Express warranties can be created when the seller describes the goods or furnishes samples. Express warranties create strict liability for the seller, so that negligence need not be proven. In general, express warranties are based on factual statements rather than opinions about the future. An exception is made when it is a professional opinion which can create a warranty. Under the Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, liability for breach of warranty is based on seller status. Manufacturer, distributor, and retailer could all be jointly and severally liable, so that the full amount of damages could be collected from one or any of them. The distributor and retailer may be able to escape liability if the manufacturer is not bankrupt. Purchasers, consumers, users, and even bystanders are entitled to sue in most states for breach of warranty.
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What is a Warranty Deed?
A warranty deed is a legal document that transfers ownership of a property from one person or entity to another. It assures the buyer that the seller has the legal right to sell the property and that there are no liens or other claims against it. In the state of Oregon, a warranty deed includes additional guarantees. It warrants that the property is free from defects in title, meaning there are no hidden issues that could affect the buyer's ownership rights. This type of deed provides the buyer with more protection and peace of mind when purchasing real estate in Oregon.
Does a Warranty Deed Prove Ownership?
A warranty deed does provide some evidence of ownership, but it does not guarantee ownership in Oregon or any other state. It is a legal document that transfers property from one person to another, stating that the seller promises that they legally own the property and have the right to sell it. However, other factors like liens, undisclosed claims, or previous errors in the chain of title can still impact ownership. It's important to conduct a thorough title search and obtain title insurance to be fully confident in the ownership of a property in Oregon or any state.
Types of Warranty Deeds
In Oregon, there are different types of warranty deeds that help protect property buyers. One common type is the general warranty deed, which guarantees that the property is free from any undisclosed claims or issues. This means that if any problems arise in the future, the seller will be responsible for resolving them. Another type is the special warranty deed, which only guarantees against claims that occurred during the seller's ownership. It does not provide as much protection as the general warranty deed. Lastly, there is the quitclaim deed, which offers the least amount of protection. It simply transfers the seller's interest in the property without making any guarantees about the property's title. When buying or selling property in Oregon, understanding these types of warranty deeds can help ensure a smooth and secure transaction.
General Warranty Deed
In Oregon, a General Warranty Deed is a legal document that transfers ownership of a property from the seller to the buyer. It provides certain assurances and promises to the buyer about the title of the property. The seller guarantees that they are the lawful owner of the property and have the right to sell it. They also promise that the property is free from any liens, claims, or encumbrances unless stated otherwise in the deed. Essentially, a General Warranty Deed in Oregon ensures that the buyer receives the property with a clear and marketable title, providing them with greater protection and peace of mind.
Statutory Warranty Deed
A statutory warranty deed is a legal document that is commonly used in Oregon to transfer the ownership of a property from one person to another. When a property is sold using a statutory warranty deed, the seller guarantees to the buyer that they are the rightful owner of the property, and that they have the authority to sell it. Additionally, the seller promises to defend the buyer against any potential legal claims or disputes related to the property. This type of deed provides a level of assurance and protection to the buyer, as it ensures that they are receiving a property that is free from any undisclosed encumbrances or defects. Overall, a statutory warranty deed is a valuable tool in the real estate industry, providing legal security and peace of mind to both buyers and sellers in Oregon.