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 Hawaii, as in many other states, express warranties by a lessor in lease transactions are recognized and can be created without the need for formal words like 'warrant' or 'guarantee.' These warranties arise from affirmations of fact, promises, descriptions, samples, or models provided by the lessor that become part of the basis of the bargain with the lessee. For instance, if a lessor of office equipment makes a specific promise about the equipment's capabilities, or if a car lease includes a description of the vehicle's features, these assertions can create an express warranty that the leased goods will conform to the stated facts or promises. However, statements that merely reflect the lessor's opinion or are considered puffery, such as an expression of the goods' value or a recommendation, do not constitute an express warranty. It's important for lessees to understand the terms of the lease agreement and any express warranties included to know what protections they have regarding the leased goods.