March 11, 2011
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Question
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Ken -
using your sales contract..."warranty gives you specific rights that
vary from state to state..." What can I tell my client in New York about
these variables?
Dan M
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Answer
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Tell them that you're not a lawyer and you don't know what other warranties may
be provided by statute. All you know about are the warranties that are expressed in your contract.
There are laws that require that a sales contract include language that other warranties may be available that vary state to state. I believe it's federal consumer statute. So we add that language in the contracts. You are not obliged to explain what those warranties are, and I don't suggest that you even try.
In fact, I have suggested that you not try to explain the legality, intent or purpose of any of the contract provisions; you are not a lawyer, and even if you are, you're not your subscriber's lawyer. You should confine your assistance to making sure that your subscriber is able to read the contract; if not you are permitted to read it to your subscriber. You are better off asking the subscriber to get someone else to read it. What you should avoid of putting yourself in the position of being accused of misleading or misrepresenting the contract terms. This can easily be inferred when you try to explain the provision