Tennessee Code Annotated
Tenn. Code Ann. § 47-2-312 (2026)
Warranty of title and against infringement - Buyer's obligation against infringement
✓ current as of May 2026
- (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.
Acts 1963, ch. 81, § 1 (2-312).
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1974–2024 · leading case: Massey v. Hardcastle, 753 S.W.2d 127 (Tenn. Ct. App. 1988).
Massey v. Hardcastle, 753 S.W.2d 127 (Tenn. Ct. App. 1988). “(T.C.A. 47-2-312) i. The alleged contract was for the sale of goods of a value in excess of $500— and there being no sufficient writing same was unenforceable by reason of the statute of frauds.”
Morris v. MacK's Used Cars, 824 S.W.2d 538 (Tenn. 1992). “, for compensatory, treble, and punitive damages, alleging fraudulent concealment, breach of express warranty of title under T.C.A. § 47-2-312, breach of express warranty of description under T.”
Ins. Co. of North Am. v. Cliff Pettit Motors, Inc., 513 S.W.2d 785 (Tenn. 1974). “T.C.A. § 47-2-312; See generally, Anderson, Uniform Commerical Code, § 2-312:9 (Supp.”
Capitol Chevrolet Co. v. Earheart, 627 S.W.2d 369 (Tenn. Ct. App. 1981). “Capitol, in this Court, contends (1) that the Corvette did not become the property of Sartin by reason of Sartin’s improvements, (2)that all purchasers in the chain of title were not innocent good faith purchasers, (3) that Earheart breached an implied warranty of title under…”
Hope Fed. Credit Union v. Jenifer Griffin v. Allstate Corp. (Tenn. Crim. App. 2024). “(citing Tenn. Code Ann. § 47-2-312 ). However, the holding in Cliff Pettit Motors was later overruled in Duncan, where the Supreme Court stated: Upon thorough reconsideration of the issue, we have concluded that the Court erred in Insurance Co.”
Shelton v. Tidwell (Tenn. Ct. App. 2001). “The Trial Judge held that the warranty in the bill of sale had been breached by the defendants.”
Wright Med. Tech. Inc. v. Spineology, Inc. (6th Cir. 2018). “” Tenn. Code Ann. § 47-2-312 (3) (emphasis added).”
Blake Indus., Inc. v. Gen. Agents Ins. Co. of Am. (Tenn. Ct. App. 2000). “The warrant compelled Blake to answer for [d]amages as a result of the defective system installed by the defendant in the Plaintiff’s home, caused by (1) the defendant’s negligence, (2) Breach of express warranty under T.C.A. 47-2-312, (3) Breach of implied warranty of…”
— Tenn. Code Ann. § 47-2-312(1) — 1 case
Massey v. Hardcastle, 753 S.W.2d 127 (Tenn. Ct. App. 1988). “(T.C.A. 47-2-312) i. The alleged contract was for the sale of goods of a value in excess of $500— and there being no sufficient writing same was unenforceable by reason of the statute of frauds.”
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