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 Oklahoma, express warranties by a lessor in lease transactions are created similarly to the general principles outlined above. When a lessor makes an affirmation of fact, promise, or provides a description of the goods that is part of the basis of the bargain, an express warranty is created that the goods will conform to those affirmations, promises, or descriptions. Additionally, if a sample or model is used in the transaction and becomes part of the basis of the bargain, there is an express warranty that the leased goods will conform to the provided sample or model. Oklahoma law does not require the use of formal words like 'warrant' or 'guarantee' for an express warranty to be established, nor does the lessor need to have a specific intention to make a warranty. However, statements that merely reflect the lessor's opinion or are seen as recommendations do not constitute an express warranty. These principles are designed to protect lessees by ensuring that the leased goods meet certain standards and expectations as explicitly stated by the lessor at the time of the transaction.