breach of the covenant of warranty
- noun
- /briːtʃ əv ðə ˈkʌvənənt əv ˈwɔːrəntee/
- UK
:
incumplimiento del pacto de garantía
- A breach of the covenant of warranty occurs when a seller sells a property that has undisclosed liens.
Examples
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If there is a breach of the covenant of warranty, the seller may be liable to compensate the purchaser.
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The buyer sued for damages after a breach of the covenant of warranty was discovered.
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A breach of the covenant of warranty can arise if the property is found to have existing liens.
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A breach of the covenant of warranty can lead to significant legal disputes.
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Have you ever faced a breach of the covenant of warranty in a real estate deal?
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The court ruled in favor of the buyer after a breach of the covenant of warranty was identified in the sale.
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In real estate transactions, a breach of the covenant of warranty can result in the seller having to pay for legal costs.
Synonyms
A seller that does not keep a promise that something bought will work or be repaired
How Serious
- Formal
6
8.2
- Formal
12
3.6
- UK
- Jargon
Surface Forms
Morphology
breach + of + the + covenant + of + warranty
The phrase is largely compositional: 'breach' (violation) of a 'covenant' (formal agreement) of 'warranty' (a guarantee) yields the general sense of failing to uphold a guarantee. However, the expression encodes specific legal nuance about title and encumbrances that goes beyond ordinary vocabulary knowledge, so a learner would grasp the basic idea but not the precise legal scope.
Etymology
Breach of the covenant of warranty pictures a seller giving a formal promise (a covenant) and a guarantee (a warranty) that the buyer truly owns the property. A breach is 'breaking that promise', so it means the seller failed to keep the guarantee and the buyer can ask for money for the loss.