{"id":352526,"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-the-warranty-of-merchantability.html"},"modified":"2024-03-21T12:26:52","modified_gmt":"2024-03-21T17:26:52","slug":"what-is-the-warranty-of-merchantability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/consumer\/consumer-transactions\/what-is-the-warranty-of-merchantability.html","title":{"rendered":"What Is the Warranty of Merchantability?"},"content":{"rendered":"\n
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What Is the Warranty of Merchantability?<\/h1>\n\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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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The warranty of merchantability is an implied legal guarantee that a product will function for its intended purpose. For example, a microwave should heat food effectively. This warranty is not written but automatically applies to most consumer goods, ensuring they meet general industry standards, are fit for ordinary use, and are adequately labeled. It can cover both new and used goods, though sellers may use disclaimers or sell items “as is” to limit this warranty. If a product fails, consumers may seek legal advice under state laws.<\/p>\n\n <\/div>\n\n\n\n

The implied warranty of merchantability guarantees that a product sold to you will work for its intended purposes. In other words, it means you can expect a toaster to toast your bread. If it doesn’t, you have legal protection against losing money on a product that doesn’t work.<\/p>\n

The warranty of merchantability is based on the idea that the seller should know best whether a product will perform properly. It encourages them to ensure the quality of their product before placing it on the market. After all, a seller is better positioned than a customer to know whether its toaster runs too cold.<\/p>\n

Does This Warranty Have To Be In Writing?<\/h2>\n

No, the implied warranty of merchantability is not a written warranty. Not all types of warranties<\/a> must be in writing. This warranty type exists without a retailer saying or writing it, unlike an express warranty<\/a>.<\/p>\n

A seller doesn’t have to tell you that its product will work on a basic level, nor must they include it in a sales contract. Instead, the law creates this warranty for most consumer products on the market.<\/p>\n

Implied Warranty of Merchantability Laws<\/h2>\n

An implied warranty of merchantability guarantees that a product will work as expected. But \u201cas expected” can mean many things to customers and sellers. That’s why state laws define how products might meet, or miss, expectations.<\/p>\n

The Uniform Commercial Code (UCC) is the model for most state laws on consumer protection. It lists several implied guarantees. Most states set similar standards for merchantability. For example, Texas law<\/a> creates the same guarantees as New York law<\/a>. This warranty applies to the goods of any seller who deals in that type of merchandise on a regular basis.<\/p>\n

These laws leave ample room for interpretation. A court would consider the specific facts of a case and the product’s qualities to decide whether it violates the warranty.<\/p>\n

What Does the Implied Warranty of Merchantability Guarantee?<\/h2>\n

Under UCC \u00a7 2-314, as adopted in state laws, this warranty guarantees that the product you buy will:<\/p>\n