New South Wales Consolidated Acts

SALE OF GOODS ACT 1923 - SECT 17

17 Implied undertaking as to title etc

In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is:

(1) an implied condition on the part of the seller that in the case of a sale the seller has a right to sell the goods, and that in the case of an agreement to sell the seller will have a right to sell the goods at the time when the property is to pass,

(2) an implied warranty that the buyer shall have and enjoy quiet possession of the goods,

(3) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.