Section 2--312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement  


Latest version.
  • (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.