Express Warranties Under The UCC and Texas Contract Law–Fort Worth, Texas Contracts Lawyers

An express warranty is created by any affirmation of fact or a promise made by a seller to a buyer that is a part of the basis of the bargain. In addition, an express warranty may be created by a description, model, or sample of the goods. A seller breaches an express warranty when the goods fail to “conform to a promise or an affirmation of fact . . . , or the goods do not conform to a description, sample, or model . . . .” Herring v. Home Depot, Inc., 565 S.E.2d 773, 776 (S.C. Ct. App. 2002) (holding that an aggrieved buyer must also establish that the breach caused the damages for which it seeks to recover); see also Yurcic v. Purdue Pharma, L.P., 343 F. Supp. 2d 386, 394 (M.D. Pa. 2004) (holding that to prevail on breach of express warranty claim, a buyer must establish the existence of a warranty, a breach of warranty, and damages proximately caused by the breach)

“Whether an express or implied warranty has been breached is included in the revocation determination only in the sense that a breach of a
warranty could substantially impair the value of the goods to the buyer.”. 139 See U.C.C. § 2-106(2)

It is not necessary to use words like “warranty” or “guarantee” to create express warranties in a contract in Texas. Also, statements of opinion rather than fact , which are called “puffery”, do not create express warranties under Texas law.

TEX BC. CODE ANN. § 2.313 : Texas Statutes – Section 2.313: EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE

(a) Express warranties by the seller are created as follows:(1) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.(2) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.(3) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.(b) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. – See more at: http://codes.lp.findlaw.com/txstatutes/BC/1/2/C/2.313#sthash.nshSm46H.dpuf

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

tdcadmin