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Moore v. Pro Team Corvette Sales, Inc.

Court of Appeals of Ohio

786 N.E.2d 903 (2002)

Relevant factsFree

Bryon Moore (plaintiff) bought a Corvette from Pro Team Corvette Sales (Pro Team) (defendant) under a contract stating the car was sold "as-is" and that all UCC § 2-312 warranties, including the warranty of title, were excluded; the car had actually been reported stolen in Texas before the sale and was later confiscated by police. Moore sued for failing to convey good title, but the trial court dismissed his claims, finding the contract's language sufficiently excluded the implied warranty of title, and Moore appealed.

IssueFree

Whether a warranty of title is implied in every contract for sale unless the warranty is excluded or modified by specific language.

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