M Civ JI 140.52 Contract Action - UCC: Warranty of Title (Encumbrances)

In every contract for the sale of goods, the law implies a warranty that the goods will be delivered free from all security interests, liens, or other encumbrances the buyer did not know about at the time the contract was made.

Note on Use

This instruction does not cover the warranty against patent or trademark infringement. See MCL 440.2312(3).

Comment

MCL 440.2312.

The Committee has found no reported Michigan cases resolving the issue of whether the warranty against encumbrances can be eliminated or modified by specific contract language.

History

M Civ JI 140.52 was added January 1987.