Some of the typical representations and warranties include warranties to the effect that:
- the vendor is the legal and beneficial owner of the property, with legal capacity to dispose of it;
- the vendor is not engaged in nor threatened by any litigation or any adverse claim relating to the property;
- there is no dispute regarding ownership, boundary, easements, rights of way or any other such matters;
- the vendor has not received any notice from government or any third party which is yet to be complied with; and
- the property is not subject to any overriding interest in favour of a third party.
Representations and warranties are not statutorily prescribed but are freely negotiable by the parties.
A misrepresentation by the seller will typically entitle the buyer to claim damages and termination of the transaction where the misrepresentation goes to the root of the transaction.