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O.C.G.A. § 11-2-313

Express warranties by affirmation, promise, descrip- tion, sample

Applied in 4 court decisions — leading case In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability Litigation (2016)

Most recently applied in Dennis Speerly v. General Motors, LLC (August 2024)

Code 1933, § 109A-2-313, enacted by Ga

How often courts cite this section

20122020202410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Express warranties by the seller are created as follows:

(a) 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.

(b) 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.

(c) 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

(2) Itis 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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.