Arkansas Code Annotated

Ark. Code Ann. § 4-2-312 (2026)

Warranty of title and against infringements — Buyer's obligation against infringement

✓ current as of May 2026

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Subject to subsection (2) 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.

(2) A warranty under subsection (1) 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.

(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.

History. Acts 1961, No. 185, § 2-312; A.S.A. 1947, § 85-2-312.

Research References

Ark. L. Rev.

For Whom the Bell Tolls — An Interpretation of the UCC's Exception as to Accrual of a Cause of Action for Future Performance Warranties, 28 Ark. L. Rev. 312.

Case Notes

Good Faith Purchaser.

The defendant did not breach the warranty of title, notwithstanding that a car he sold to the plaintiff was confiscated as a stolen vehicle, since he was a good faith purchaser where (1) the defendant purchased the car from a third party who, before he purchased the car, contacted the licensing agency and was informed that the car's title was good, and (2) the third party related this information to the defendant before the defendant purchased the car. Midway Auto Sales, Inc. v. Clarkson, 71 Ark. App. 316, 29 S.W.3d 788 (2000).

Holding Oneself Out to Be Owner.

Where the defendant held himself out as the owner of cattle to the buyer and participated in the negotiations, even though the actual owner was present at the sale, when it was subsequently discovered that a lien existed against the cattle, the defendant was liable for a breach of warranty. Fields v. Sugar, 251 Ark. 1062, 476 S.W.2d 814 (1972).

Cited: Wawak v. Stewart, 247 Ark. 1093, 449 S.W.2d 922 (1970); Herrick v. Robinson, 267 Ark. 576, 595 S.W.2d 637 (1980); United States v. Rorex, 737 F.2d 753 (8th Cir. 1984); Smith v. Russ, 70 Ark. App. 23, 13 S.W.3d 920 (2000).

Notes of Decisions

Cited in 3 cases, 1998–2000 · leading case: Midway Auto Sales, Inc. v. Clarkson, 29 S.W.3d 788 (Ark. Ct. App. 2000).

Sort: Relevance Newest Treatment

Midway Auto Sales, Inc. v. Clarkson, 29 S.W.3d 788 (Ark. Ct. App. 2000). · cites it 4× “Midway has appealed from the order of dismissal. Midway argues that Clarkson breached his warranty of title because the Corvette was confiscated as a stolen vehicle by the sheriff.”

Buford v. Alderson, 965 S.W.2d 802 (Ark. Ct. App. 1998). · cites it 2× “1991), or of Ark. Code Ann. § 4-2-312 (Repl. 1991).”

Smith v. Russ, 13 S.W.3d 920 (Ark. Ct. App. 2000). · cites it 2× “” Ark. Code Ann. § 4-2-312 (l)(a) (Repl. 1991).”

— Ark. Code Ann. § 4-2-312(1)(a) — 1 case

Midway Auto Sales, Inc. v. Clarkson, 29 S.W.3d 788 (Ark. Ct. App. 2000). “Midway has appealed from the order of dismissal. Midway argues that Clarkson breached his warranty of title because the Corvette was confiscated as a stolen vehicle by the sheriff.”

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