Montana Statutes

§ 30-2-312 — Warranty Of Title And Against Infringement -- Buyer's Obligation Against Infringement

Montana·Title 30 TRADE AND COMMERCE·Ch. 2 UNIFORM COMMERCIAL CODE SALES·Part 3 General Obligation and Construction of Contract

30-2-312 . Warranty of title and against infringement -- buyer's obligation against infringement.

(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 or that the seller is purporting to sell only the right or title as the seller or a third person may have.
(3)Unless otherwise agreed a seller who is a merchant regularly dealing in goods o

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Legislative History

En. Sec. 2-312, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-312; amd. Sec. 843, Ch. 56, L. 2009.

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