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 Washington State, express warranties by a lessor in lease transactions are governed by similar principles as those outlined in the Uniform Commercial Code (UCC), which many states have adopted in some form. An express warranty is created when the lessor makes an affirmation of fact, promise, or description about the goods that becomes part of the bargain with the lessee. This warranty ensures that the goods will conform to the stated affirmations. Additionally, if a sample or model is provided during the transaction and it becomes part of the basis of the bargain, there is an express warranty that the goods will match the sample or model. The creation of an express warranty does not require the use of formal words such as 'warrant' or 'guarantee,' 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 considered puffery do not constitute an express warranty. It's important for lessees to understand these provisions to ensure they receive the protection of express warranties when entering into lease agreements for goods in Washington.