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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Express warranties by the dealer are created as follows:
(1) Any affirmation of fact or promise made by the dealer to the consumer which relates to the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the affirmation or promise;
(2) Any description of the consumer goods is part of the basis of the bargain and creates an express warranty that the consumer goods will conform to the description;
(3) Any sample or model exhibited to the consumer by the dealer is part of the basis of the bargain and creates an express warranty that the consumer goods actually delivered to the consumer will conform to the sample or model.
(b) It is not necessary to the creation of an express warranty that the dealer use formal words, such as “warrant” or “guarantee”, or that the dealer have a specific intention to make a warranty, but an affirmation merely of the value of the consumer goods or a statement purporting to be merely the dealer's opinion or commendation of the consumer goods does not create a warranty.
Cite this article: FindLaw.com - West Virginia Code Chapter 46B. Regulation of the Rental of Consumer Goods Under Rent-To-Own Agreements § 46B-2-3. Express warranties - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-46b-regulation-of-the-rental-of-consumer-goods-under-rent-to-own-agreements/wv-code-sect-46b-2-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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