{"id":352525,"date":"2016-04-04T10:42:01","date_gmt":"2016-04-04T15:42:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/consumer\/consumer-transactions\/what-is-an-implied-warranty.html"},"modified":"2024-03-27T09:55:03","modified_gmt":"2024-03-27T14:55:03","slug":"what-is-an-implied-warranty","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/consumer\/consumer-transactions\/what-is-an-implied-warranty.html","title":{"rendered":"What Is an Implied Warranty?"},"content":{"rendered":"\n
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What Is an Implied Warranty?<\/h1>\n\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

An implied warranty is an unwritten guarantee that a product will meet basic expectations and work for its intended purpose. It originates from legal standards rather than explicit agreements between buyer and seller. There are two main types: the warranty of merchantability, which ensures products are fit for general use, and the warranty of fitness, which covers specific purposes a product is recommended for. These warranties vary by state law, offering consumers protection even without written contracts.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

An implied warranty is a promise about a product that the seller never makes. This unique type of warranty comes from the law rather than a specific contract or store policy. If a product is available on the market, it often has an implied warranty.<\/p>\n

There are two main kinds of implied warranties for consumer goods. You can also learn about other types of product warranties <\/a>and returns to understand your rights.<\/p>\n

How Laws Create Implied Warranties<\/h2>\n

The federal Magnuson-Moss Warranty Act<\/a> regulates written warranties, but implied warranties aren’t written. A seller or manufacturer implies that its product will work for a particular purpose by offering it.<\/p>\n

State laws govern implied warranties for all other purchases. These unwritten and unspoken warranties are legal contracts. They draw upon the common law concept of “fair value for money spent.”<\/p>\n

U.S. law also makes implied contracts enforceable. In other words, consumers always have some level of protection for goods that don’t meet basic expectations.<\/p>\n

Implied Warranty of Merchantability<\/h2>\n

Almost every consumer product purchase comes with an implied warranty of merchantability<\/a>. The product is guaranteed to work if used for its intended purpose.<\/p>\n

If you buy a blender that doesn’t blend ingredients, which is its ordinary purpose, you have the right to take it back for an exchange or refund. This warranty applies to used items as well, with an extra disclaimer based on their condition at the time of resale.<\/p>\n

The standards for merchantability are low. They guarantee that goods sold will do what they are supposed to, have nothing serious wrong with them, and are fit to be sold. This warranty does not guarantee you will have a five-star experience with the product.<\/p>\n

Article 2 of the Uniform Commercial Code<\/a> (UCC) dictates that items are merchantable if they meet the following criteria:<\/p>\n