## Facts

- Brian P. and Marla J. Garriffa sold a residential house in Sheridan County, Wyoming, to James M. and Cathryn Taylor; the house was at least 40 years old.
- Marla Garriffa had lived at the property for about 10 years before the Garriffas later occupied it for about 5 years before the sale.
- A preprinted real estate listing form included a “sewerage” entry stating “Septic,” based on information provided by the sellers.
- During inspection, Mrs. Taylor asked Mrs. Garriffa where the septic tank was located; Mrs. Garriffa indicated it was north of the house.
- Mrs. Taylor asked whether the tank had been pumped; Mrs. Garriffa said it had not been pumped but chemicals had been used to keep the system working.
- After moving in, the Taylors experienced sewerage problems several months later but did not take action at that time.
- About 19 months after possession, the Taylors hired a septic service to pump the tank; excavation north of the house revealed no tank, only two pipes terminating in rocks, dirt, and debris.
- The Taylors hired a contractor to install a new septic tank without notifying the Garriffas beforehand, then sent the bill to the Garriffas, who refused to pay.
- The Taylors sued, alleging the “Septic” listing notation and the sellers’ statements created an express warranty that a septic system existed.

## Issues

1. Whether the listing notation “Septic” and the sellers’ statements about location and maintenance constituted an express warranty that the property had a septic system.
2. Whether, on undisputed facts, the sellers could be held liable for the buyers’ cost to install a septic tank after discovering no tank existed.

## Decision

- The Wyoming Supreme Court reversed the district court’s judgment for the Taylors.
- The court held that the “Septic” notation and the sellers’ statements did not, as a matter of law on this record, amount to an express warranty.
- The sellers were not liable for the cost of installing the new septic system.

## Legal Principles

- An express warranty in a property sale requires a positive and unequivocal statement of fact, not merely an opinion, belief, or description based on personal experience.
- Whether particular, undisputed statements legally constitute an express warranty can be resolved as a matter of law.
- General, nontechnical descriptions by lay sellers about sewerage arrangements, without a clear factual guarantee of a specific underground structure, do not establish an express warranty.
- A buyer’s unilateral repair or replacement without notice to the seller may weaken a claimed warranty-based recovery (though the absence of an express warranty is dispositive).

## Conclusion

Because the sellers’ “Septic” listing entry and related statements reflected lay belief and experience rather than a clear factual guarantee, no express warranty was created, and the buyers could not recover the cost of installing a new septic tank.


Garriffa v. Taylor, 675 P.2d 1284 (Wyo. 1984)