Okla. Stat. tit. 12A, § 12A-3-416: Transfer Warranties
Where this section sits in the code
- OK Code
- Title 12A
TRANSFER WARRANTIES
(a) A person who transfers an instrument for consideration
warrants to the transferee and, if the transfer is by indorsement,
to any subsequent transferee that:
(1) The warrantor is a person entitled to enforce the
instrument;
(2) All signatures on the instrument are authentic and
authorized;
(3) The instrument has not been altered;
(4) The instrument is not subject to a defense or claim in
recoupment of any party which can be asserted against
the warrantor; and
(5) The warrantor has no knowledge of any insolvency
proceeding commenced with respect to the maker or
acceptor or, in the case of an unaccepted draft, the
drawer.
(b) A person to whom the warranties under subsection (a) of
this section are made and who took the instrument in good faith may
recover from the warrantor as damages for breach of warranty an
amount equal to the loss suffered as a result of the breach, but not
more than the amount of the instrument plus expenses and loss of
interest incurred as a result of the breach.
(c) The warranties stated in subsection (a) of this section
cannot be disclaimed with respect to checks. Unless notice of a
claim for breach of warranty is given to the warrantor within thirty
(30) days after the claimant has reason to know of the breach and
the identity of the warrantor, the liability of the warrantor under
subsection (b) of this section is discharged to the extent of any
loss caused by the delay in giving notice of the claim.
(d) A claim for relief for breach of warranty under this
section accrues when the claimant has reason to know of the breach.
Collected 2026-09-14T18:32:36Z. Source file · JSON