Vermont § 207 - § 4—207.

Full text of Vermont Vermont Statutes Online § 207 — § 4—207., with citation guidance and answers to common questions.

§ 207. § 4—207.

  • Transfer warranties (a) A customer or collecting bank that transfers an item and receives a settlement or
    other consideration warrants to the transferee and to any subsequent collecting bank
    that: (1) the warrantor is a person entitled to enforce the item; (2) all signatures on the item are authentic and authorized; (3) the item has not been altered; (4) the item is not subject to a defense or claim in recoupment (§ 3—305(a)) of any party that can be asserted against the warrantor; (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; and (6) if the item is a demand draft, creation of the item according to the terms on its
    face was authorized by the person identified as drawer. (b) If an item is dishonored, a customer or collecting bank transferring the item and
    receiving settlement or other consideration is obliged to pay the amount due on the
    item (i) according to the terms of the item at the time it was transferred, or (ii)
    if the transfer was of an incomplete item, according to its terms when completed as
    stated in sections 3—115 and 3—407 of this title. The obligation of a transferor is owed to the transferee and to any subsequent collecting
    bank that takes the item in good faith. A transferor cannot disclaim its obligation
    under this subsection by an indorsement stating that it is made “without recourse”
    or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) of this section are made and
    who took the item 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 item plus expenses and loss of interest incurred as a
    result of the breach. (d) 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 30 days after the claimant has reason to know of the breach and the
    identity of the warrantor, the warrantor is discharged to the extent of any loss caused
    by the delay in giving notice of the claim. (e) A cause of action for breach of warranty under this section accrues when the claimant
    has reason to know of the breach. (f) If the warranty in subsection (a)(6) of this section is not given by a transferor
    or collecting bank under applicable conflict of law rules, the warranty is not given
    to that transferor when that transferor is a transferee nor to any prior collecting
    bank of that transferee. (Added 1993, No. 158 (Adj. Sess.), § 13, eff. Jan. 1, 1995; 2003, No. 87 (Adj. Sess.), § 6.)

Frequently Asked Questions About Vermont § 207

What does Vermont Statutes Online § 207 cover?

Section 207 ("§ 4—207.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 207?

A common citation format is "Vermont Statutes Online § 207" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 207 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.