The sale of goods is governed by Article 2 of the Uniform Commercial Code (UCC), a form of which has been adopted by every state. The term goods, which is the subject matter of a sale, means anything movable at the time it is identified as the subject of the transaction. This would include an automobile. An implied warranty is one that was not made by the seller but is implied by law. In certain instances, the UCC implies or reads a warranty into a sale, although the seller did not make it. That is, the implied warranty arises automatically from the fact that a sale has been made. Warranty of fitness for a particular purpose: A buyer may intend to use the goods for a particular or unusual purpose, compared to the ordinary use for which the goods are customarily sold. If so, the seller makes an implied warranty that the goods will be fit for that purpose when: 1. The buyer relies on the seller ‘s skill or judgment to select or furnish suitable goods, and 2. When the seller at the time of contracting knows or has reason to know the buyer’s particular purpose and of the buyer’s reliance on the seller’s judgment. A merchant seller makes an implied warranty of the merchantability of the goods sold. This warranty is in fact a group of warranties, the most important of which is that the goods are fit for the ordinary purposes for which they are sold. In some jurisdictions, these warranties may not be waived.
Bill of Sale of Automobile with Warranty of Title and Disclaimer of Other Warranties For and in consideration of $____________, the receipt and sufficiency of which is hereby acknowledged, I, (Name of Seller), the undersigned, of (street address, city, state, zip code), hereinafter called Seller, do hereby sell and deliver to (Name of Buyer), of (street address, city, state, zip code), the following-described Automobile: Make _____________________.. Motor Vehicle Identification No. _____________________. Body Type _____________________. Year Manufactured _____________________. Model Number _____________________. Seller hereby warrants that he/she is the legal owner of the Automobile, that it is free from all liens and encumbrances (or describe the nature of each lien and identify the lienholder), that Seller has the right to sell the automobile, and that Seller will warrant and defend the title of the Automobile against the claims and demands of all persons (or “except the lienholder named above”). In connection with the described automobile, Seller disclaims all warranties,
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