Oregon Statutes 72.3120 – Warranty of title and against infringement; buyers obligation against infringement
(1) Subject to subsection (2) of this section there is in a contract for sale a warranty by the seller that:
Terms Used In Oregon Statutes 72.3120
- Buyer: means a person who buys or contracts to buy goods. See Oregon Statutes 72.1030
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Seller: means a person who sells or contracts to sell goods. See Oregon Statutes 72.1030
(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) of this section 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 person is purporting to sell only such right or title as the person 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. [1961 c.726 § 72.3120]