Does a rug pull (deliberate non-performance of a creator on promised roadmap/utility after minting) trigger warranty rights?
Select jurisdiction
India
The concept of a rug pull, or the deliberate non-performance of a creator on promised roadmap or utility after minting an NFT, would not typically trigger warranty rights. Warranty rights are typically associated with the sale of goods or services, and do not apply to the purchase of an NFT.
Brazil
Yes. As established in the article 389 of the Brazilian Civil Code, which determines that if the obligation contracted by the seller is not fulfilled, the creator is liable for any resulting damages, plus interest and monetary restatement according to regularly established official rates and attorney´s fees if needed. Also, the creator could have criminal liability in this case if any monetary felonies were committed.
Poland
The question of whether a rug pull, which is a term used to describe the deliberate non-performance
of a creator on a promised roadmap or utility after minting, triggers warranty rights according to
Polish law is complex and uncertain. In general, under Polish law, a contract between a creator and an NFT purchaser is binding, and the parties are obligated to fulfill their obligations as outlined in the contract. If a rug pull occurs and the creator fails to deliver on their promises related to the roadmap or utility of the NFT, the NFT holder may have grounds to seek legal remedies for breach of contract.