If a person negotiates or delivers a document of title for value, other than as a mere intermediary under § 28:7-508, unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:
(1) The document is genuine;
(2) The transferor does not have knowledge of any fact that would impair the document’s validity or worth; and
(3) The negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
(Dec. 30, 1963, 77 Stat. 730, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 9, 60 DCR 2634.)
1981 Ed., § 28:7-507.
1973 Ed., § 28:7-507.
Prior Uniform Statutory Provision: Section 36, Uniform Sales Act; Section 44, Uniform Warehouse Receipts Act; Section 35, Uniform Bills of Lading Act.
Changes: Consolidated and rewritten without change in policy.
Purposes of Changes: 1. This section omits provisions of the prior acts on warranties as to the goods as unnecessary and incomplete. It is unnecessary because such warranties derive from the contract of sale and not from the transfer of the documents. The fact that transfer of control occurs by way of a document of title does not limit or displace the ordinary obligations of a seller. The former provision, moreover, was incomplete because it did not expressly include all of the warranties which might rest upon a seller under such circumstances. This Act handles the problem by means of the precautionary reference to “any warranty made in selling the goods.“ If the transfer of documents attends or follows the making of a contract for the sale of goods, the general obligations on warranties as to the goods ( Sections 2-312 through 2-318) are brought to bear as well as the special warranties under this section.
2. The limited warranties of a delivering or collecting intermediary are stated in Section 7-508.
Cross References: Point 1: Sections 2-312 through 2-318.
Point 2: Section 7-508.
Definitional Cross References: “Document”. Section 7-102.
“Document of title”. Section 1-201.
“Genuine”. Section 1-201.
“Goods”. Section 7-102.
“Person”. Section 1-201.
“Purchaser”. Section 1-201.
“Value”. Section 1-201.
Prior Uniform Statutory Provision: Former Section 7-507.
Changes: Substitution of the word “delivery” for the word “transfer,” reference leasing transactions and style.
Purposes: 1. Delivery of goods by use of a document of title does not limit or displace the ordinary obligations of a seller or lessor as to any warranties regarding the goods that arises under other law. If the transfer of documents attends or follows the making of a contract for the sale or lease of goods, the general obligations on warranties as to the goods ( Sections 2-312 through 2-318 and Sections 2A-210 through 2A-316) are brought to bear as well as the special warranties under this section.
2. The limited warranties of a delivering or collecting intermediary, including a collecting bank, are stated in Section 7-508.
Cross References: Point 1: Sections 2-312 through 2-318 and 2A-310-through 2A-316.
Point 2: Section 7-508.
Definitional Cross References: “Delivery”. Section 1-201.
“Document of title”. Section 1-201.
“Genuine”. Section 1-201.
“Goods”. Section 7-102.
“Person”. Section 1-201.
“Purchaser”. Section 1-201.
“Value”. Section 1-204.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 7 - Documents of Title
§ 28:7–102. Definitions and index of definitions
§ 28:7–103. Relation of article to treaty or statute
§ 28:7–104. Negotiable and nonnegotiable document of title
§ 28:7–105. Reissuance in alternative medium
§ 28:7–106. Control of electronic document of title
§ 28:7–201. Person that may issue a warehouse receipt; storage under bond
§ 28:7–202. Form of warehouse receipt; effect of omission
§ 28:7–203. Liability for nonreceipt or misdescription
§ 28:7–204. Duty of care; contractual limitation of warehouse’s liability
§ 28:7–205. Title under warehouse receipt defeated in certain cases
§ 28:7–206. Termination of storage at warehouse’s option
§ 28:7–207. Goods must be kept separate; fungible goods
§ 28:7–208. Altered warehouse receipts
§ 28:7–210. Enforcement of warehouse’s lien
§ 28:7–302. Through bills of lading and similar documents of title
§ 28:7–303. Diversion; reconsignment; change of instructions
§ 28:7–304. Tangible bills of lading in a set
§ 28:7–306. Altered bills of lading
§ 28:7–308. Enforcement of carrier’s lien
§ 28:7–309. Duty of care; contractual limitation of carrier’s liability
§ 28:7–401. Irregularities in issue of receipt or bill or conduct of issuer
§ 28:7–402. Duplicate document of title; overissue
§ 28:7–403. Obligation of bailee to deliver; excuse
§ 28:7–404. No liability for good-faith delivery pursuant to document of title
§ 28:7–501. Form of negotiation and requirements of due negotiation
§ 28:7–502. Rights acquired by due negotiation
§ 28:7–503. Document of title to goods defeated in certain cases
§ 28:7–504. Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery
§ 28:7–505. Indorser not guarantor for other parties
§ 28:7–506. Delivery without indorsement: right to compel indorsement
§ 28:7–507. Warranties on negotiation or delivery of document of title
§ 28:7–508. Warranties of collecting bank as to documents of title
§ 28:7–509. Adequate compliance with commercial contract
§ 28:7–601. Lost, stolen, or destroyed documents of title
§ 28:7–602. Judicial process against goods covered by negotiable document of title