Schedule 4., Part I, paragraph 35(2)

In a hire-purchase agreement, in the case of which there appears from the agreement or is to be inferred from the circumstances of the agreement an intention that the creditor should transfer only such title as he or a third person may have, there is— an implied warranty that all charges or encumbrances known to the creditor and not known to the person to whom the goods are bailed or hired have been disclosed to that person before the agreement is made ; and an implied warranty that neither— the creditor; nor in a case where the parties to the agreement intend that any title which may be transferred shall be only such title as a third person may have, that person ; nor anyone claiming through or under the creditor or that third person otherwise than under a charge or encumbrance disclosed or known to the person to whom the goods are bailed or hired, before the agreement is made ; will disturb, the quiet possession of the person to whom the goods are bailed or hired.

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Source: legislation.gov.uk · retrieved 2026-07-30