State Codes and Statutes

Statutes > Wisconsin > 402 > 402.312

402.312

402.312 Warranty of title and against infringements; buyer's obligation against infringement.

402.312(1)

(1) Subject to sub. (2) there is in a contract for sale a warranty by the seller that:

402.312(1)(a)

(a) The title conveyed shall be good, and its transfer rightful; and

402.312(1)(b)

(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.

402.312(2)

(2) A warranty under sub. (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 herself or that the person selling is purporting to sell only such right or title as the person selling or a 3rd person may have.

402.312(3)

(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 3rd 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.

402.312 - ANNOT.

History: 1971 c. 40; 1991 a. 316; 2005 a. 253.