{"id":12060,"date":"2020-08-18T08:51:34","date_gmt":"2020-08-18T13:51:34","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12060"},"modified":"2026-08-13T11:12:48","modified_gmt":"2026-08-13T16:12:48","slug":"differences-between-express-vs-implied-warranties","status":"publish","type":"post","link":"https:\/\/hammerle.com\/blog\/differences-between-express-vs-implied-warranties\/","title":{"rendered":"What Is the Difference Between Express and Implied Warranties?"},"content":{"rendered":"

It\u2019s\u00a0possible that when you were in school, history was not necessarily your favorite subject. But to understand express versus implied warranties, a brief history lesson is in order.<\/span>\u00a0<\/span><\/p>\n

Before delving in, however,\u00a0you\u2019ll\u00a0be happy to know that Hammerle Morris has practiced business law since 1984\u00a0and\u00a0have\u00a0a staff of highly qualified and experienced\u00a0<\/span>business law attorneys<\/span><\/a>.<\/span>\u00a0<\/span><\/p>\n

How the Uniform Commercial Code Shaped Warranty Law<\/strong><\/h2>\n

In 1892, as the American economy grew at a rapid pace and commerce increasingly crossed state boundaries, the Uniform Law Commission (ULC) was created to provide the states with non-partisan, well-drafted commercial laws. Today, the ULC is\u00a0comprised\u00a0of lawyers\u00a0representing\u00a0all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, and they work together writing and promoting the enactment of uniform state laws in areas where uniformity is desirable and practical.<\/span>\u00a0<\/span><\/p>\n

One of the organization\u2019s most important actions came in 1942 when the ULC worked in partnership with another nongovernmental agency, the American Law Institute (ALI), to create the Uniform Commercial Code (UCC) that was offered to the states for their consideration in 1951. Pennsylvania was the first to adopt the UCC, and other states followed over the next 20 years.<\/span>\u00a0<\/span><\/p>\n

In reality, the\u00a0UCC is only a model or recommendation of what a\u00a0state\u2019s\u00a0commercial code might include, and by itself, it has no legal force. In practice, however, every state has adopted some version of the UCC, and these state versions have the effect of law because they are, in fact, laws. The Texas version is known as the\u00a0<\/span>Business and Commerce Code<\/span><\/a>, but for purposes of clarity, we will simply refer to it as the UCC.<\/span>\u00a0<\/span><\/p>\n

How the UCC Is Organized<\/strong><\/h2>\n

Eleven articles make up the UCC, and these, in turn, are divided into Parts and Sections, with specific UCC rules found in the Sections. For example, Article 2 of the UCC deals with\u00a0<\/span>Sales,<\/span>\u00a0the topic of express warranties is covered in Article 2, Section 313 (UCC 2 313), and Article 2, Section 315 (UCC 2 315) addresses implied warranties.<\/span><\/span>\u00a0<\/span><\/p>\n

What Is a Warranty?<\/strong><\/h2>\n

In business and legal transactions, a warranty is an assurance by one party to another party that certain facts or conditions are true or will happen. The party\u00a0purchasing\u00a0the product is\u00a0permitted\u00a0to rely on the warranty and seek legal remedy if the warranty is breached.<\/span>\u00a0<\/span><\/p>\n

Furthermore, a warranty is express or implied or both. In some cases, the seller of a commodity or property expressly guarantees the quality of the product\u00a0purchased. On the other hand, in certain situations, the law implies a warranty where there is no express warranty. Both express and implied warranties provide legal relief for the purchaser.<\/span>\u00a0<\/span><\/p>\n

What Is an Express Warranty Under UCC Section 2.313?<\/strong><\/h2>\n

An express warranty is created by the seller\u2019s words and actions, and under UCC 2 313 a seller can create one of these warranties with:<\/span>\u00a0<\/span><\/p>\n