Warranty of Title - Explained
What is Warranty of Title?
Written by Jason Gordon
Updated at September 24th, 2021
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Table of Contents
Warranty of Title DefinitionA Little More on What is Warranty of TitleHow a Warranty of Title Is Used to Confirm a TransactionAcademic ResearchBack To: Real Estate, Personal, & Intellectual Property
What is Warranty of Title?
A warranty of title is commonly used in the real estate and mortgage industries, although, it can sometimes be used in a business arrangement. A warranty of title is an assurance given by the seller of a property that he has the right to sell or transfer ownership of the property. This warranty guarantees that no other person has rights to the property being sold.
How Does Warranty of Title Work?
In a formal arrangement, every warranty deed must contain a warranty of title, this is a proof that the person transferring the property holds the rights to do so and no other person does. A warranty of title serves as a guarantee to a buyer that the property being transferred is owned by the seller and no other person has claims to the property. A warranty of title provides the buyer with the peace of mind needed over the property.
How a Warranty of Title Is Used to Confirm a Transaction
A warranty of title is present only if the seller has exclusive rights to the property and rights to transfer the ownership of the property. If the seller is representing the legal owner, a warranty of title might not be present. In a real estate transaction that entails transferring the ownership right of a property, a warranty of title is required. This serves as a confirmation that the seller has the right to sell the property. If after ownership of the property has been transferred, a third party comes up with claims on the property, the buyer can sue the seller using the warranty of title.
Related Topics
- Register of Deeds
- Title Search
- Opinion of Title
- Certificate of Title
- Abstract of Title
- Chain of Title
- Clear Title
- Cloud on Title
- Defective Title
- Action to Quiet Title
- Encumbrance
- Affidavit of Title
- Title Insurance
Academic Research
- Some Thoughts about Warranty Law in North Dakota Part One: The Warranty of Title, Lord, R. A. (1976). Some Thoughts about Warranty Law in North Dakota Part One: The Warranty of Title. NDL Rev., 53, 537.
- Clearing the Clouds on the CISG's Warranty of Title, Smythe, D. J. (2016). Clearing the Clouds on the CISG's Warranty of Title. Nw. J. Int'l L. & Bus., 36, 509.
- Sales--Implied Warranty of Title--When Cause of Action for Breach Accrues after Purchase of Precarious Title, Patrick, B. (1958). Sales--Implied Warranty of Title--When Cause of Action for Breach Accrues after Purchase of Precarious Title. NCL Rev., 37, 337.
- Is Notice Required under the Uniform Sales Act to Maintain Suit for Breach of Warranty of Title, Taylor, A. W. (1939). Is Notice Required under the Uniform Sales Act to Maintain Suit for Breach of Warranty of Title. Tenn. L. Rev., 16, 338.
- When Does an Action Accrue for the Breach of the Implied Warranty of Title in the Sale of Chattels, Ryall, A. H. (1903). When Does an Action Accrue for the Breach of the Implied Warranty of Title in the Sale of Chattels. Cent. LJ, 57, 164.