Laws vary from state to state but state statutes often provide for the creation of express warranties by a lessor of goods in lease transactions—such as for office equipment, computers, telephone systems, heavy machinery, home furniture, motor vehicles, or electronics.
Express warranties by the lessor are generally created by:
• Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
• Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
• Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
It is generally not necessary to the creation of an express warranty that the lessor use formal words, such as warrant or guarantee, or that the lessor have a specific intention to make a warranty—but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or recommendation of the goods does not create a warranty.
In Connecticut, as in many other states, express warranties by a lessor in lease transactions are recognized and enforced. These warranties are created when the lessor makes specific affirmations of fact, promises, descriptions, or provides samples or models that become part of the lease agreement. For instance, if a lessor of office equipment or electronics makes a promise about the functionality or condition of the leased goods, this can create an express warranty. The warranty ensures that the goods will conform to the stated affirmations or promises. It is important to note that the creation of an express warranty does not require the use of formal words like 'warrant' or 'guarantee,' nor does the lessor need to have an explicit intention to make a warranty. However, statements that merely reflect the lessor's opinion or are made as recommendations do not constitute express warranties. In the event that leased goods do not conform to the express warranty, the lessee may have legal remedies available under Connecticut law.