What Is an Express Warranty?
An express warranty is a specific, stated guarantee about the condition, quality, or characteristics of real property made by the seller in a contract, disclosure, or representation. Unlike implied warranties that arise by law, express warranties are explicitly communicated and create enforceable obligations.
Common Express Warranties in Florida Real Estate
- "The roof has no known leaks and is in good condition"
- "All mechanical systems are in working order at closing"
- "The property complies with all applicable building codes"
- "There are no known material defects in the structure"
- "The property is free from environmental contamination"
- "All improvements were completed with required permits"
Enforcement and Remedies
- Breach of contract: The buyer sues for breach of the express warranty
- Repair costs: The cost to bring the property into the warranted condition
- Diminished value: The difference in value with and without the defect
- Rescission: Cancellation of the contract in cases of material misrepresentation
- Attorney fees: Recoverable if the contract includes a prevailing party provision
Express vs. Implied Warranties
- Express: Explicitly stated by the seller; based on specific representations
- Implied: Arise by operation of law (e.g., implied warranty of habitability for new construction)
Related Terms
- Contract — The agreement containing the warranty
- Equitable Estoppel — May prevent seller from denying the warranty
- Closing — Where warranty obligations attach
Barnes Walker Real Estate
Barnes Walker's real estate attorneys draft and enforce express warranty provisions in Florida purchase contracts, protecting buyers and sellers. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC