Legal Definitions - express warranty

An express warranty is a type of warranty that is intentionally and clearly stated by the seller to the buyer regarding the condition, quality, or nature of a good or property. According to the Uniform Commercial Code § 2–313, a seller can create an express warranty in the following ways:

• Any affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain
• Any description of the goods that is made part of the basis of the bargain
• Any sample or model that is made part of the basis of the bargain

It is important to note that the seller does not need to use specific words like "warranty" or "guarantee" to create an express warranty.

For example, in the case of Medical City Dallas, Ltd. v. Carlisle Corp., a roofing company issued a twenty-year warranty on the membrane of a roof. However, within months of installation, the buyer found leaks in the roof. The Texas Supreme Court found that the roofing company had breached its express warranty.

Another example is ASM Capital v. First Nat'l Bank of Waverly, where the court found that the bank had made an express warranty regarding the value of certain securities it sold to the buyer. When the securities turned out to be worth less than what the bank had promised, the court found that the bank had breached its express warranty.

These examples illustrate how an express warranty can be created and how it can be breached if the seller fails to deliver on the promises made in the warranty.