representations and warranties

Definition

Representations and warranties are factual statements and promises one party makes to another in a contract, essentially saying 'everything I've told you about my business, product, or situation is true and accurate.' If any of those statements turn out to be false, the other party can sue you for damages or even cancel the deal entirely.

Example

When you sell your bakery, you might represent and warrant that you own all the equipment free and clear, that your financials are accurate, and that you have no pending lawsuits, and if it turns out you were hiding a tax debt, the buyer can come after you for the money.

Watch Out

Never sign a contract with representations and warranties you cannot fully stand behind, because even an innocent mistake in those statements can make you legally and financially liable.

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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.