Requirements for making language in lease agreement conspicuous
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Statutes
To exclude or modify the implied warranty of merchantability or any part of it the language must mention “merchantability”, be by a writing, and be conspicuous. To exclude or modify a warranty against interference or against infringement or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. (DC ST § 28:2A-214) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous. (DC ST § 28:2A-303)
Cases
Comments
Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions such as "as is," "with all faults," or by other language that in common understanding directs the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous. D.C. Code Ann. § 28:2A-214(c)(1).
Contributors
Steven N. Leitess
Leitess Friedberg PC
The statutory information was edited and reviewed with the support of MultiState
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