Express warranties on cars and trucks Lawyer Manual

Express warranties

What creates an express warranty?

Express warranties by the seller are created, provided they are a part of the basis of the bargain, by:

• Any affirmation of fact or promise made by the seller to the buyer relating to the vehicle. The car must conform to the affirmation or promise;
• Any description of the vehicle. The car must conform to description; and
• Any model is shown. The car must conform to the model.

No formal words necessary

It is not necessary that seller use formal words such as "warrant" or "guarantee." Nor is it necessary that the seller intends to make a warranty. However, expression of the seller's opinion or commendation of the car does not constitute a warranty, nor does mere "puffing."

"Part of the basis of the bargain." 

This term is broadly interpreted. The term "bargain" encompasses the entire transaction and surrounding circumstances, and specific evidence of reliance on a statement is unnecessary. The customer must usually only show that s/he read or heard and believed the statement, but other circumstances or contractual disclaimers can make it unreasonable for the buyer to believe that statements or promises were part of the basis of the bargain.

Manufacturer or third party warranties 

The statement need not be made by the actual car dealer but can be the manufacturer's statement or promise, or that of a third party that gets introduced into the bargaining process.