{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-416.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-416.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-416.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-416.html"}],"law_id":58496,"edition_id":1,"section_id":58496,"structure_id":15041,"section_number":"8.3A-416","catch_line":"Transfer warranties","history":"Code 1950, \u00a7\u00a7 6-417, 6-421; 1964, c. 219, \u00a7 8.3-417; 1992, c. 693.","full_text":"a\n\nA person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that:1\n\nthe warrantor is a person entitled to enforce the instrument;2\n\nall signatures on the instrument are authentic and authorized;3\n\nthe instrument has not been altered;4\n\nthe instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and5\n\nthe 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\n\nA person to whom the warranties under subsection (a) 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\n\nThe warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty 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) is discharged to the extent of any loss caused by the delay in giving notice of the claim.d\n\nA cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.","order_by":null,"text":{"0":{"id":214378,"text":"A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":214379,"text":"the warrantor is a person entitled to enforce the instrument;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":214380,"text":"all signatures on the instrument are authentic and authorized;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":214381,"text":"the instrument has not been altered;","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":214382,"text":"the instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"a5"},"5":{"id":214383,"text":"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.","type":"section","prefixes":["a","5"],"prefix":"5","entire_prefix":"a5","prefix_anchor":"a5","level":2,"prior_prefix":"a4","next_prefix":"b"},"6":{"id":214384,"text":"A person to whom the warranties under subsection (a) 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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a5","next_prefix":"c"},"7":{"id":214385,"text":"The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty 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) is discharged to the extent of any loss caused by the delay in giving notice of the claim.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"8":{"id":214386,"text":"A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"ancestry":[{"id":15041,"edition_id":1,"name":"Liability of Parties","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:51:41","date_modified":"2026-06-26 03:51:41","permalink":{"id":282869,"object_type":"structure","relational_id":15041,"identifier":"4","token":"8.3A\/4","url":"\/8.3A\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72303,"structure_id":15041,"section_number":"8.3A-401","catch_line":"Signature necessary for liability on instrument","url":"\/8.3A-401\/","token":"8.3A\/4\/8.3A-401","metadata":false},{"id":57340,"structure_id":15041,"section_number":"8.3A-402","catch_line":"Signature by representative","url":"\/8.3A-402\/","token":"8.3A\/4\/8.3A-402","metadata":false},{"id":73829,"structure_id":15041,"section_number":"8.3A-403","catch_line":"Unauthorized signature","url":"\/8.3A-403\/","token":"8.3A\/4\/8.3A-403","metadata":false},{"id":82256,"structure_id":15041,"section_number":"8.3A-404","catch_line":"Impostors; fictitious payees","url":"\/8.3A-404\/","token":"8.3A\/4\/8.3A-404","metadata":false},{"id":85778,"structure_id":15041,"section_number":"8.3A-405","catch_line":"Employer's responsibility for fraudulent endorsement by employee","url":"\/8.3A-405\/","token":"8.3A\/4\/8.3A-405","metadata":false},{"id":86533,"structure_id":15041,"section_number":"8.3A-406","catch_line":"Negligence contributing to forged signature or alteration of instrument","url":"\/8.3A-406\/","token":"8.3A\/4\/8.3A-406","metadata":false},{"id":76929,"structure_id":15041,"section_number":"8.3A-407","catch_line":"Alteration","url":"\/8.3A-407\/","token":"8.3A\/4\/8.3A-407","metadata":false},{"id":72123,"structure_id":15041,"section_number":"8.3A-408","catch_line":"Drawee not liable on unaccepted draft","url":"\/8.3A-408\/","token":"8.3A\/4\/8.3A-408","metadata":false},{"id":74394,"structure_id":15041,"section_number":"8.3A-409","catch_line":"Acceptance of draft; certified check","url":"\/8.3A-409\/","token":"8.3A\/4\/8.3A-409","metadata":false},{"id":86849,"structure_id":15041,"section_number":"8.3A-410","catch_line":"Acceptance varying draft","url":"\/8.3A-410\/","token":"8.3A\/4\/8.3A-410","metadata":false},{"id":76564,"structure_id":15041,"section_number":"8.3A-411","catch_line":"Refusal to pay cashier's checks, teller's checks, and certified checks","url":"\/8.3A-411\/","token":"8.3A\/4\/8.3A-411","metadata":false},{"id":85403,"structure_id":15041,"section_number":"8.3A-412","catch_line":"Obligation of issuer of note or cashier's check","url":"\/8.3A-412\/","token":"8.3A\/4\/8.3A-412","metadata":false},{"id":62163,"structure_id":15041,"section_number":"8.3A-413","catch_line":"Obligation of acceptor","url":"\/8.3A-413\/","token":"8.3A\/4\/8.3A-413","metadata":false},{"id":81363,"structure_id":15041,"section_number":"8.3A-414","catch_line":"Obligation of drawer","url":"\/8.3A-414\/","token":"8.3A\/4\/8.3A-414","metadata":false},{"id":78513,"structure_id":15041,"section_number":"8.3A-415","catch_line":"Obligation of endorser","url":"\/8.3A-415\/","token":"8.3A\/4\/8.3A-415","metadata":false},{"id":58496,"structure_id":15041,"section_number":"8.3A-416","catch_line":"Transfer warranties","url":"\/8.3A-416\/","token":"8.3A\/4\/8.3A-416","metadata":false},{"id":63742,"structure_id":15041,"section_number":"8.3A-417","catch_line":"Presentment warranties","url":"\/8.3A-417\/","token":"8.3A\/4\/8.3A-417","metadata":false},{"id":68633,"structure_id":15041,"section_number":"8.3A-418","catch_line":"Payment or acceptance by mistake","url":"\/8.3A-418\/","token":"8.3A\/4\/8.3A-418","metadata":false},{"id":62031,"structure_id":15041,"section_number":"8.3A-419","catch_line":"Instruments signed for accommodation","url":"\/8.3A-419\/","token":"8.3A\/4\/8.3A-419","metadata":false},{"id":75961,"structure_id":15041,"section_number":"8.3A-420","catch_line":"Conversion of instrument","url":"\/8.3A-420\/","token":"8.3A\/4\/8.3A-420","metadata":false}],"previous_section":{"id":78513,"structure_id":15041,"section_number":"8.3A-415","catch_line":"Obligation of endorser","url":"\/8.3A-415\/","token":"8.3A\/4\/8.3A-415","metadata":false},"next_section":{"id":63742,"structure_id":15041,"section_number":"8.3A-417","catch_line":"Presentment warranties","url":"\/8.3A-417\/","token":"8.3A\/4\/8.3A-417","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-416\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 219; in 1992, chapter 693.<\/p>","references":false,"refers_to":false,"permalink":{"id":282931,"object_type":"law","relational_id":58496,"identifier":"8.3A-416","token":"8.3A\/4\/8.3A-416","url":"\/8.3A-416\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-416\/","token":"8.3A\/4\/8.3A-416","dublin_core":{"Title":"Transfer warranties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-416","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the warrantor is a person entitled to enforce the instrument; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> all signatures on the instrument are authentic and authorized; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the instrument has not been altered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the instrument is not subject to a defense or claim in recoupment of any party<\/span> which can be asserted against the warrantor; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A person to whom the warranties under subsection (a) are made and who took the instrument in good faith may recover from the warrantor as damages<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty 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) is discharged to the extent of any loss caused by the delay in giving notice of the claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> A cause of action<\/span> for breach of warranty under this section accrues when the claimant has reason to know of the breach. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER WARRANTIES (\u00a7 8.3A-416)\n\na. A person who transfers an instrument for consideration warrants to the\ntransferee and, if the transfer is by endorsement, to any subsequent transferee\nthat:\n\n 1. the warrantor is a person entitled to enforce the instrument;\n\n 2. all signatures on the instrument are authentic and authorized;\n\n 3. the instrument has not been altered;\n\n 4. the instrument is not subject to a defense or claim in recoupment of any\n party which can be asserted against the warrantor; and\n\n 5. the warrantor has no knowledge of any insolvency proceeding commenced with\n respect to the maker or acceptor or, in the case of an unaccepted draft, the\n drawer.\n\nb. A person to whom the warranties under subsection (a) are made and who took\nthe instrument in good faith may recover from the warrantor as damages for\nbreach of warranty an amount equal to the loss suffered as a result of the\nbreach, but not more than the amount of the instrument plus expenses and loss of\ninterest incurred as a result of the breach.\n\nc. The warranties stated in subsection (a) cannot be disclaimed with respect to\nchecks. Unless notice of a claim for breach of warranty is given to the\nwarrantor within thirty days after the claimant has reason to know of the breach\nand the identity of the warrantor, the liability of the warrantor under\nsubsection (b) is discharged to the extent of any loss caused by the delay in\ngiving notice of the claim.\n\nd. A cause of action for breach of warranty under this section accrues when the\nclaimant has reason to know of the breach.\n\nHISTORY: Code 1950, \u00a7\u00a7 6-417, 6-421; 1964, c. 219, \u00a7 8.3-417; 1992, c. 693.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}