Express Warranty Information
Express warranties can arise in several ways: through written statements in contracts or product manuals, oral promises made by a seller, or affirmations of fact in marketing materials. To qualify as an express warranty, the seller’s statement must relate to the goods and form part of the basis of the bargain, meaning the buyer relied on it when making the purchase. Sellers are legally bound to honor these warranties, and if the product fails to conform to the stated promises, the buyer may seek repair, replacement, refund, or damages. Express warranties are commonly found in sales contracts, consumer goods transactions, and service agreements.
Florida Legal Definition
Under Florida law, express warranties are governed by the Florida Uniform Commercial Code (UCC), specifically Section 672.313, Florida Statutes. An express warranty is created when a seller makes (1) an affirmation of fact or promise relating to the goods, (2) a description of the goods that becomes part of the bargain, or (3) a sample or model that represents the goods. The seller does not need to use formal words like “warranty” or “guarantee” to create one. However, mere opinions or “puffery” do not constitute an express warranty. When an express warranty is breached, the buyer may recover damages as provided under the UCC and Florida contract law.
How It’s Used in Practice
In practice, express warranties are used to define expectations in sales and service transactions and to provide recourse for consumers if a product fails to perform as promised. Attorneys and businesses draft clear warranty language to limit liability and define remedies. Consumers rely on express warranties when purchasing vehicles, appliances, electronics, and other goods with performance guarantees. When disputes arise, courts examine the statements or representations made by the seller and whether the buyer relied on them when entering the contract.
Key Takeaways
- An express warranty is a clearly stated promise or guarantee about a product’s quality, condition, or performance.
- It may be created through written, oral, or advertising statements that form part of the buyer’s decision to purchase.
- Under Florida Statute §672.313, an express warranty arises from factual affirmations, descriptions, or samples provided by the seller.
- Opinions or sales talk (“puffery”) do not create an express warranty under Florida law.
- Breach of an express warranty allows the buyer to seek remedies such as repair, replacement, refund, or damages.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.
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