The Grubb Law Group Fighting for Justice from
the Workplace to the Marketplace
Phone: 304-982-7755
Toll Free: 1-866-851-9292

What are the different types of implied warranties?

Consumer market experts in Charleston will tell you that it is good practice to ensure that anytime you make a significant purchase, that a warranty be associated with it. In many cases, items will come with an express warranty from a manufacturer that clearly spells out the circumstances under which it will cover the cost of repairing or replacing its product. Such warranties leave little room for interpretation. Retailers will sometimes also offer their own express warranties. Yet even in cases where they do not, implied warranties may still offer you some degree of protection

An implied warranty is one that automatically comes with the sale of goods. A seller does not have to state it when selling you a product because its provisions are implied in it offering up the product for purchase. According to the American Bar Association, there are three distinct types of implied warranties: 

  • Warranty of merchantability
  • Warranty of fitness for a particular purpose
  • Warranty of title and against infringement

An implied warranty of merchantability mandates that a product is fit to perform the ordinary purposes for which it is used. For example, if you buy an oven, the expectation is that the oven is in working condition. If not (and it is not communicated to you that you are buying it "as is"), then the seller is liable for its repair or replacement. A warranty of fitness for a particular purpose is similar in that if a seller promises that an item can perform a certain function (e.g., the oven you buy is self-cleaning), it has to be able to do that. 

A warranty of title and against infringement requires that a seller is indeed authorized to sell a product and that its sale does not infringe in the right of a third party. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
Fax: 304-345-3355
Map & Directions