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Implied WarrantyState laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties � unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. Furthermore, private sellers are usually not covered by the implied warranties of state law. There is no specified time period for implied warranties. The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer's advice that it is suitable for a particular use. For example, a dealer who suggests you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose. If you have a written warranty that doesn't cover your problems, you still may have coverage through implied warranties. That's because when a dealer sells a vehicle with a written warranty or service contract, implied warranties are included automatically. The dealer can't delete this protection. Any limit on an implied warranty's time must be included on the written warranty. In states that don't allow "as is" sales, an "Implied Warranties Only" disclosure is printed on the Buyers Guide in place of the "As Is" disclosure. The box beside this disclosure will be checked if the dealer decides to sell the car with no written warranty. In states that do allow "as is" sales, the "Implied Warranties Only" disclosure should appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty. A copy of the Buyers Guide with the "Implied Warranties Only" disclosure is available here.

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  • The dealer advertised the vehichle had a " CD " player it does not work! The vehicle had a problem with the clutch that almost caused me to wreck that he had said to have fixed! I questioned him on the smell of a burning clutch he said it was the radiator paint from which it was just sprayed after being repaired, it turned out it was the clutch burning and it caused the transmission to go out do to the clutch failure! These were all things that were a word of mouth promise to be of working condition!
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Q: What is an implied warranty?
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Related Questions

What is difference in expressed and implied warranties?

An implied warranty is one based on assumption. Implied would be you would be warranty on a vehicle with nothing in writing. You would be led to assume that there was a warranty on the vehicle by speaking with the seller, only to find there is no such warranty. Expressed warranty is in writing. Can be limited or unlimited. Limited would be a warranty with certain restrictions. Unlimited warranty would cover everything. If you sell a car as is is no warranty expressed or implied, that means there is absolutely no warranty.


An example of a warranty implied by all Sellers is?

I think warranty of merchantability


What is the best description of implied warranty?

In contract law it is a term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties irrespective of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantabilityfor products, implied warranty of workmanlike quality for services, and an implied warranty of habitabilityfor a home. In an auto sale an implied warranty is that the car will perform as a car should. In other words it will get you from point A to point B. It will do what a car is suppose to do.


What legislation requires a warranty that states that a product will meet performance standards and affirms that a warranty can be stated or implied?

the Magnuson-Moss Warranty Act


What warranty is one that is not in writing but is binding upon business and industry when distributing goods and services in the marketplace?

an implied warranty(novanet)


What kinda of warranty is one that is not in writing but is binding upon business and industry when distributing goods and services in the marketplace?

The answer is implied warranty


Does a Pit in Cherry Pie fall under implied warranty of merchantability?

No the implied warranty guarantee a safe product. A cherry pit in a cherry pie wouldn't cause harm or damage to a consumers health or well being.


Which type of warranty is not written on the label of a product?

An Implied Warranty. It is a promise, arising by operation of law, (consumer protection laws) that something that is sold will be merchantable and fit for the purpose for which it is sold. In other words, if you buy a waterproof watch, it can be presumed that it will be waterproof.


Is a serpentine belt covered by an implied warranty?

Probably not. They are among the parts that are considered normal to wear out.


Is there implied warranty of title in all real property transfers?

Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.Absolutely not. Only a warranty deed carries any warranty of title.


Do you have a warranty on a used car sold as is?

It depends on the seller if he/she will give an personal warranty on that car.Added: "As is" means exactly what it says. You are buying it in the exact condition it is in. No warranties or guarantees implied.


Implied warranty of fitness for human consumption?

This is the seller's implicit guarantee that the goods in the sale transaction are fit for human consumption. So basically it is saying that if you buy something for the specified purpose, the good is suppose to deliver what it says. If You buy a hamburger and there is a big bone, then that's a breach of implied warranty and you are due compensation, because a consumer does not expect bones to be in this product. The only way a merchant can get out of this obligation is to state on his stock that things are sold 'as is' or he will have to disclaim in writing specifically saying that there is no implied warranty.


You purchase a car that was listed as-is you would not buy it unless they gave you a service contract Can the dealer say the car was sold as-is and their is no implied warranty?

Of course they can. They are not obligated to give you a warranty.


What is a warranty that is not in writing but is binding upon business and industry when distributing goods and services in the marketplace?

I believe it is called an implied warrantee.


What does warranty mean?

In commercial and consumer transactions, a warranty is an obligation or guarantee that an article or service sold is as factually stated or legally implied by the seller, and that often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty (Source: Wikipedia)


How long have you got after you buy a used car to take it back if faulty?

depending on your state and the implied or actual warranty, zero seconds.


If you discovered that the air conditioner was not working after you bought a used car from a dealer is it covered by the implied warranty?

Implied warrantee means that the product is suitable for it's intended purpose. For a car, that means it should get you from here to there, but a car is not made to keep you cool, so the implied warrantee would not cover the AC.


Is the implied warranty for a particular purpose only for a sales contract?

There's an implied warranty of "fitness for a particular purpose" under most states' versions of Article 2 of the Uniform Commercial Code, which deals with "sales". A "warranty for a particular purpose" is presumed to be synonymous with the UCC's implied warranty of fitness. Implied warranties under Article 2 of the UCC apply only to sales of goods, however, and goods are generally defined or construed to mean something tangible that isn't incorporated into real estate. In mixed cases where a sale of goods is combined with a sale of services, courts must determine which is primary and which is merely incidental. I.e., if the sale of goods is determined to be merely incidental to the sale of services, Article 2 might not apply if the goods don't work in the manner the buyer had hoped. Most if not all states also recognize various "implied warranties" under their common law. Two commonly recognized implied warranties apply to "habitability" of residential property, and "reasonable workmanship" of any construction. In addition, at least in Pennsylvania where I practice, the courts have recognized implied warranties of fitness for particular purposes in non-sales situations, and utilize the UCC's implied warranties as guides.


What is a sentence with the word implied?

Is that what you had implied? Her look implied her meaning. The demand was implied, not spoken.


Are their any laws protecting buyers of used vehicles?

It depends on the state you live in. Some states have laws of servicabilty. State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties - unspoken, unwritten promises from the seller to the buyer. But dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties. The most common type of implied warranty is the warranty of merchantability. The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It doesn't cover everything that could go wrong. Contact your state attorney general for the laws in your state.


What are stated and implied?

implied


What is an example of implied advertisement?

what is an example of implied advertisements what is an example of implied advertisements


Is it acceptable to sell a vehicle in Kansas as-is?

No. Kansas is one of the few states which prohibits any attempt to limit the implied warranty of merchantability in connection with the sale of any merchandise, including vehicles.


What is a guarantee that provides protection against faulty products?

A guarantee that provides protection against faulty products is called a warranty. Warranties may either be expressed or implied and vary according to jurisdiction.


What is an examlpe of an implied power?

the best example of implied power? the best example of implied power?