Legal Definitions - personal warranty

A personal warranty refers to a specific promise or guarantee made by an individual, often based on their personal knowledge, commitment, or capacity, rather than a standard commercial product warranty or a corporate guarantee. It signifies an individual's direct assurance regarding the truth of a fact or the fulfillment of a condition. If the warranted statement proves false or the condition is not met, the individual who provided the personal warranty may be held responsible.

Here are some examples to illustrate this concept:

• Example 1: Selling a Used Item Privately

  Imagine Sarah is selling her used bicycle to a neighbor, Tom. She tells him, "I personally guarantee that the brakes were replaced last month and are in perfect working order, and the tires are less than six months old." If Tom later discovers that the brakes are faulty and had not been replaced, Sarah's statement constitutes a personal warranty. She, as an individual seller, made a specific factual promise about the bicycle's condition based on her personal knowledge, and if that promise is untrue, she could be held accountable.

• Example 2: Guaranteeing a Lease or Loan

  Consider a situation where a young adult, Michael, is renting his first apartment. The landlord requires a guarantor due to Michael's limited credit history. Michael's father, Robert, signs a document stating, "I personally warrant that Michael will pay his rent on time each month, and if he fails to do so, I will cover the payments." In this scenario, Robert is providing a personal warranty to the landlord. He, as an individual, is making a direct promise to ensure Michael's financial obligation is met, taking personal responsibility if Michael defaults.

• Example 3: A Professional's Assurance of Work Quality

  A freelance graphic designer, Emily, is hired by a small business to create a new logo and branding materials. In her contract, she includes a clause: "I personally warrant that all design files delivered will be original works and free from any third-party copyright infringement." Here, Emily, acting as an individual professional, is giving a personal warranty about the originality and legality of her creative work. This is a direct promise from her, personally, regarding the integrity of the designs she produces.