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 Idaho, as in many states, express warranties by a lessor in lease transactions are created through various means without the need for formal words like 'warrant' or 'guarantee.' An express warranty can be established when the lessor makes an affirmation of fact or promise about the goods that becomes part of the bargain, ensuring that the goods will conform to that affirmation or promise. Additionally, if the lessor provides a description of the goods that forms part of the bargain, there is an express warranty that the goods will match that description. Similarly, if a sample or model is used in the transaction and becomes part of the basis of the bargain, an express warranty is created that the goods will conform to the sample or model. It's important to note that mere statements of value or opinions by the lessor do not constitute an express warranty. These principles are generally reflected in the Uniform Commercial Code (UCC), which Idaho has adopted, and they apply to the lease of goods such as office equipment, vehicles, or electronics. An attorney can provide specific guidance on how these general rules apply to individual lease transactions in Idaho.