Under the UCC, an express warranty is created is by an affirmation of fact or promise, made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain. As a result, an express warranty is created that the goods will conform to the seller's promise. Therefore, if the goods fail to conform to the seller's promise, a breach of warranty will occur. Under the UCC, it is not necessary that the seller use formal words such as "warrant" or "guarantee" or that the seller have a specific mention to make a warranty. Accordingly, in a cause of action for breach of express warranty, one of the fundamental elements that must be established in the complaint in order to properly plead a cause of action is identifying the warranty created as an express warranty.

In determining whether an express warranty has been created, it is not necessary for the seller to use formal words such as "warrant" or "guarantee" or that the seller have a specific intention to make a warranty. Additionally, under the UCC, the precise time when the language used to affirm or describe the transaction between the parties is not material to the creation of an express warranty, rather, the sole question is whether the language is fairly regarded as part of the contract. Thus, if warranty language is used by the seller after the closing of the deal, as when the buyer, upon taking delivery, asks for and receives an additional assurance, the warranty becomes a modification which, pursuant to the Code section on contractual modifications need not be supported by consideration if it is otherwise reasonable.

A cause of action for breach of an express warranty under Florida's UCC may have many complex issues. Therefore, you should consult an experience West Palm Beach breach of warranty lawyer call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.