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What is an implied warranty?

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2015-07-17 17:46:52
2015-07-17 17:46:52
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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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.

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I think warranty of merchantability

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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.


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