Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-312 (2026)

Warranty of title and against infringement -- Buyer's obligation against

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

infringement.

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that

(a) the title conveyed shall be good, and its transfer rightful; and

(b) 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. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-312, effective July 1, 1960.

Notes of Decisions
Cited in 2 cases, 1979–2016 · leading case: Nick's Auto Sales, Inc. v. Radcliff Auto Sales, Inc., 591 S.W.2d 709 (Ky. Ct. App. 1979).
Sort: Relevance Newest Treatment
Nick's Auto Sales, Inc. v. Radcliff Auto Sales, Inc., 591 S.W.2d 709 (Ky. Ct. App. 1979). “, based on Radcliff’s breach of its implied warranty of title found in KRS 355.2-312(l)(a). Appellant sought the recovery of $2,300.”
Baciomiculo, LLC v. Nick Bohanon, LLC, 498 S.W.3d 790 (Ky. Ct. App. 2016). “2-403; that there remain genuine issues of material fact with regard to whether the Bohanon Defendants were good faith purchasers; that the Bohanon Defendants obtained no legal title to the Equipment because Lakeland itself lacked any legal title; and that the Boha-non…”
Ky. Rev. Stat. § 355.2-312(1): 1 case
Baciomiculo, LLC v. Nick Bohanon, LLC, 498 S.W.3d 790 (Ky. Ct. App. 2016). “2-403; that there remain genuine issues of material fact with regard to whether the Bohanon Defendants were good faith purchasers; that the Bohanon Defendants obtained no legal title to the Equipment because Lakeland itself lacked any legal title; and that the Boha-non…”
Ky. Rev. Stat. § 355.2-312(l)(a): 1 case
Nick's Auto Sales, Inc. v. Radcliff Auto Sales, Inc., 591 S.W.2d 709 (Ky. Ct. App. 1979). “, based on Radcliff’s breach of its implied warranty of title found in KRS 355.2-312(l)(a). Appellant sought the recovery of $2,300.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.