A Warranty is more than a promise, it's a guarantee. A seller may expressly warrant or guarantee good title to real estate, or that goods are free from defects, or that a product is suitable for a particular purpose and if it should not turn out to be so, then the Purchaser is entitled to some sort of remedy.
In Indiana, over the years, statutory and common law has developed to help protect consumers with certain types of purchases. The law has made it more difficult for Sellers to disclaim certain warranties and the law has even created warranties where no express warranty was promised. These expressed and implied warranty laws may, and probably do, come into play every time real estate is sold or leased.
GENERAL REVIEW OF WARRANTY LAW: For Sellers and Purchasers alike, warranties are big deals. Knowing what your rights are as a consumer and what your obligations are as a seller can be critically important, when something goes wrong. A brief description of the various types of warranties used in Indiana are listed below.
EXPRESSED WARRANTY: An expressed warranty is a written or oral guarantee. It may also be an affirmation of a fact, a description of the product which becomes part of the bargain, or a model or product sample which becomes the basis of a sale bargain.
IMPLIED WARRANTY: An implied warranty is a warranty that is created by operation of law without any expression from the Seller to the Purchaser. An implied warranty may be created where a Seller, who knows the Purchaser's particular need for a product, offers a particular product for that need. An implied warranty may be created where a Seller or Landlord sells or leases a home to a tenant he knows intends to live in the dwelling. That type of transaction typically creates an implied warranty of habitability. An implied warranty of merchantability is generally created anytime a merchant sells a product in the usual course of his business. The implied warranty of merchantability means the goods would generally be found acceptable within the trade according to the product description; that the goods are fit for the purpose such goods are generally sold for; the goods are adequately, contained, packaged and labeled, and the goods conform to facts asserted on the product's label.
Quiet title actions do not “clear title” completely. Actions of a quiet title for the purpose of clearing a particular, known claim, title defect, or perceived defect. Quiet title actions are subject to attack and they are particularly vulnerable to jurisdictional challenges, both subject matter and personal.
A more detailed description of each type of Construction Law issue can be found through the links below:
Indiana Home Improvement Act
When these difficult issues arise, you need an experienced construction attorney to help guide you through the maze of legal procedures necessitated by rules and regulations. Call us at McNevin and Schiff. We know the expressed and implied warranty and quiet title maze and we know how to guide you through it with comfort and speed.
For a telephone evaluation – call – 1-800-653-1790 or click here to send us an email.
If you are located in the central Indiana area and need a construction attorney, call McNevin & Schiff, we serve the central Indiana area, including the communities of Indianapolis, Beech Grove, Speedway, Carmel, Noblesville, Fishers, Geist, Oaklandon, Greenfield , Greenwood, Whiteland, Mooresville, Plainfield, Brownsburg and Zionsville.
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