8.2-312 - Warranty of title and against infringement; buyer's obligation against infringement. - Virginia Statutes

§ 8.2-312. Warranty of title and against infringement; buyer's obligationagainst infringement.

(1) Subject to subsection (2) there is in a contract for sale a warranty bythe 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 otherlien or encumbrance of which the buyer at the time of contracting has noknowledge.

(2) A warranty under subsection (1) will be excluded or modified only byspecific language or by circumstances which give the buyer reason to knowthat the person selling does not claim title in himself or that he ispurporting 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 ingoods of the kind warrants that the goods shall be delivered free of therightful claim of any third person by way of infringement or the like but abuyer who furnishes specifications to the seller must hold the sellerharmless against any such claim which arises out of compliance with thespecifications.

(1964, c. 219.)