How Is an Express Warranty Created on Used Cars?
A warranty is a promise about the quality of an object that gives rise to legal action if breached. If a person is selling a used car and he makes an express promise about its quality, he is creating an express warranty. Section 2-313 of the Uniform Commercial Code, adopted by most jurisdictions, describes the creation of an express warranty.
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Affirmation of Fact or Promise
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Section 2-313(2)(a) states that an express warranty is created by "[a]ny affirmation of fact or promise" about the used car, if that statement is "part of the basis for the bargain." So, if Alan buys Barbara's used car because she it has never been painted, then she has expressly warranted that the car's paint job is original.
Description of Goods
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Section 2-313(2)(b) states that an express warranty is created when there is a "description of the goods which is made part of the basis of the bargain." So, if Alan buys Barbara's used car because she describes it as having good gas mileage, such as 32 miles to the gallon, then she has made an express warranty regarding the car's gas mileage.
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Sample or Model
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The Uniform Commercial Code also provides that an express warranty is created when a "sample or model [is used to become] part of the basis of the bargain," in section 2-313(2)(c). If Barbara showed Alan a manual-transmission used car and said that she had another just like it, and he bought the car for the manual transmission, then she has made an express warranty regarding the car's transmission.
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