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 Massachusetts, express warranties by a lessor in lease transactions are governed by the Uniform Commercial Code (UCC), which has been adopted in some form by all states, including MA. Under the UCC, express warranties can be created without the need for formal words like 'warrant' or 'guarantee.' An express warranty is created when the lessor makes an affirmation of fact or promise about the goods, provides a description of the goods, or shows a sample or model, and these become part of the basis of the bargain. The warranty ensures that the goods will conform to the affirmation, promise, description, or sample/model. However, statements of value or mere opinions by the lessor do not constitute express warranties. These provisions are designed to protect lessees by ensuring that the leased goods meet certain standards and expectations set during the lease negotiation.