Personal Warrandice, according to Scottish law, refers to the seller’s commitment to safeguard the buyer against any potential claims from individuals with superior rights to the land. This obligation extends not only to the seller but also to their descendants. Essentially, if the buyer is compelled to relinquish the land, the seller or their heirs are obligated to compensate them for any resulting losses.
In Scots law, personal warrandice is a legal term that describes an obligation between the grantor and their heirs to protect the grantee or buyer of land in the event that someone else establishes a superior claim and takes possession. For instance, if John sells a piece of land to Jane with personal warrandice, he is assuring her that he has the right to sell the land and that no one else has a stronger claim to it. If another person comes forward with a superior claim and takes possession of the land, John and his heirs are required to compensate Jane for any losses she suffers as a result. It is important to note that personal warrandice is distinct from real warrandice, which involves using specific lands as collateral for lands conveyed to the grantee. In the case of real warrandice, the collateral lands will be transferred to the grantee if they are evicted from the conveyed lands by a third party.
Personal warranty is a legal guarantee provided by a seller to a buyer, assuring that the product or service being sold is free from defects and will perform as promised.
A personal warranty typically covers defects in materials, workmanship, and performance of the product or service. It ensures that the buyer receives what they paid for and that the seller will rectify any issues that arise.
The duration of a personal warranty varies depending on the terms and conditions set by the seller. It can range from a few months to several years, depending on the nature of the product or service.
In most cases, personal warranties are non-transferable and only apply to the original buyer. However, some warranties may allow for transferability if specified in the terms and conditions.
If you experience an issue covered by the personal warranty, you should contact the seller or manufacturer as soon as possible. They will guide you through the process of resolving the problem, which may involve repair, replacement, or refund.
Yes, a personal warranty can be voided if the buyer fails to comply with the terms and conditions specified by the seller. This may include improper use, unauthorized repairs, or neglecting regular maintenance.
Yes, personal warranties often have limitations and exclusions. These may include normal wear and tear, damage caused by misuse or accidents, or failure to follow instructions provided by the seller.
Some sellers may offer the option to extend the duration of a personal warranty for an additional fee. It is advisable to check with the seller or manufacturer to see if this is possible.
If the seller refuses to honor the personal warranty without valid reasons, you may have legal recourse. Consult with an attorney specializing in consumer protection laws to understand your rights and options.
No, a personal warranty and a manufacturer’s warranty are not the same. A personal warranty is provided by the seller, while a manufacturer’s warranty is provided by the manufacturer. The terms and conditions, as well as the coverage, may differ between the two.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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