Author Question: An express warranty is a statement of fact about the product that becomes part of the basis of the ... (Read 33 times)

leo leo · **on:** Jun 24, 2018

An express warranty is a statement of fact about the product that becomes part of the basis of the bargain.
Indicate whether the statement is true or false

Question 2

Sam Johnson sold a oneacre parcel of land he owned (located near Lake Havasu) to Henry Thoreau. Johnson conveyed it to Thoreau by warranty deed. Henry Thoreau is, in all literary and legal senses, a bona fide purchaser. Later Ralph W. Emerson approached Johnson about the same property, and Johnson sold it to him. Ralph, like Henry, received a warranty deed from Johnson and is a bona fide purchaser. Neither Henry nor Ralph has recorded their deeds. Johnson still later sold the same property to Emily Dickinson who was told of it (independently) by Ralph and Henry. Ralph and Henry had also described to Emily their shrewd purchases of the land. Upon receipt of the warranty deed from Johnson, Emily records immediately at the Mohave County Recorder's office. a. In a race state, who has title to the land? Explain. b. In a notice state, who has title to the land? Explain. c. In a race/notice state, who has title to the land? Explain. d. What is the significance of Johnson giving a warranty deed in each transfer? Does he have any liability? e. Could Johnson have used another type of deed to avoid liability?

jaaaaaaa · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

TRUE

Answer to Question 2

a. Emily; first to record
b. Ralph; last bona fide purchaser

c. Either Ralph or Henry - one who records first

d. He guaranteed he would not defeat title and is liable to both

e. Quitclaim deed offers no warranty