Ray Hrdlicka – Host – Attorneys.Media
“Before we go any further, I would like you to explain the difference between express and implied.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Ok. An express warranty is one it’s written. That’s simple. An implied warranty is one which the law assumes because of the nature of the transaction, or the relationship or the product. So very often these things are spelled out in the codes, like the revised code of Washington, but not always. Many times they are implied and interpreted by the courts as an implied warranty, where the product or service is supposed to do this. And even if there’s not a contract that says it needs to do this, there are implied warranties.
For example, in a landlord tenant law, there is an implied warranty of habitability. It’s not stated in your contract and your lease of that…We guarantee that this apartment that you’re renting is habitable. It’s never stated there, but it’s always implied. And you’re not supposed to be able to rent a place out, that’s not inhabitable. So that’s an example of an implied warranty.”
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