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Ohio Rev. Code Ann. § 1302.25

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

Applied in 4 court decisions — leading case Seasons Coal Co. v. City of Cleveland (1984)

Most recently applied in 189 Ohio App. 3d 41 - Builder's Kitchens of Stark County, Inc. v. Sibel (March 2010)

Effective: July 1, 1962; Latest Legislation: Senate Bill 5 - 104th General Assembly

How often courts cite this section

198419902000201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) Subject to division (B) of this section there is in a contract for sale a warranty by the seller that:

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

(2) 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.

(B) A warranty under division (A) 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 in himself or that he is purporting to sell only such right or title as he or a third person may have.

(C) 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.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.