Common Questions About Warranty Law
Today, new or preowned products are almost always covered by either an express, limited, or implied warranty.
This article covers the basic concerns consumers have about warranty law. Should your warranty concerns relate to the purchase or sale of a vehicle or what to do if you believe you have purchased a defective vehicle, visit our Lemon Law Section.
Also, find out what an extended warranty is and why it may be in your interest to purchase one, depending on the type of product you are considering.
What is a product warranty?
A product warranty is either a written or implied promise a seller makes to the buyer concerning the product’s quality and function, including specifically how long the seller will guarantee the product to be in good repair and without defects.
After the consumer’s purchase, should it turn out the product was defective, failed, or otherwise fell into disrepair during the warranty period, the consumer can lawfully demand that the seller replace or have the product repaired without charge.
How can a warranty protect me?
- A warranty is a form of guarantee or assurance that the product you bought operates as advertised or, at the bare minimum, operates for its intended.
- Almost all products carry either a written warranty or an implied warranty. A written warranty (also called a full warranty) is like a contract.
- Among other issues, the warranty will contain specific terms, conditions, and what you can expect from the product should you purchase it.
- Most written warranties promise that the product is free from defects for a prescribed period of time.
- Most of the time, if the product is broken or defective, the seller will either replace the product or refund your money. If the seller refuses to honor its warranty, the buyer can bring a legal action, and, in some cases, the buyer may recover their costs and attorney fees from the seller.
What if the product does not have a written warranty?
These are called implied warranties. Most states have adopted the Uniform Commercial Code, and this law provides that new products come with two important implied warranties. One covers the product for merchantability; the other covers the product for fitness.
The warranty that covers merchantability assures that the product purchased will work if used for its intended purpose. The warranty covering the product’s fitness ensures that it will work as expected, assuming the consumer has used it reasonably and consistently for its intended purpose.
Does an implied warranty cover previously used products?
Yes. The implied warranty for a used product is that it will work as expected, given the age and state of the product. However, the warranty or promise is based on the product being in a used condition.
The specific legal language in the UCC Code concerning the implied warranty of merchantability makes no distinction between new and used goods.
Many states like California have added to their consumer warranty protections that it covers new and used products as to both express and implied warranties and that the seller is strictly prohibited from disclaiming an implied warranty.
How long does a warranty last?
In most states, an expressed warranty will last for the term stated in the contract’s language. Implied warranties of new products can last indefinitely but can be limited by the limitations inherent in the product’s intended use and for its intended purpose.
What if the product fails after the warranty expires?
In most states, assuming the failure of the product initially surfaced within the original warranty period, most manufacturers will extend your warranty. However, most manufacturers will insist that an authorized repair service perform your previous repairs to their product. While most manufacturers make money on extended warranties, purchasing additional warranty coverage should at least be considered.
Are Extended Warranties Worth Purchasing?
Many retail appliance dealers, especially large ones, strongly encourage their customers to purchase extended warranties when making their original purchases. These appliance dealers make hefty profits from selling extended warranties. Sometimes a dealer can make more on the sale of the extended warranty than they do on their product.
On large ticket items, the cost of extended warranties, or what the seller sometimes refers to as a service contract, can add hundreds of dollars to your purchase price. They are only sometimes worth the added cost.
What factors should I consider before purchasing an extended warranty
- Will the dealer you purchased your washer-dryer from sell your service contract to an independent contractor?
- Will the extended warranty cover only certain parts of the washer-dryer, or will it cover the entire product?
- What happens if the dealer you purchased the extended warranty from goes out of business?
- Who will back the extended service agreement if the dealer goes out of business?
- Does the dealer need to obtain prior authorization before servicing your product?
- Finally, determine whether there are exclusions on the extended warranty coverage and under what circumstances such exclusions would apply.
- It is always a good idea to ask the dealer if you could have a copy of the extended warranty to read before purchasing the additional protection.
Consumer Rights Lawyers
If you have questions or require additional information about your specific legal rights, we recommend you contact and consult with an online Consumer Rights Lawyer as soon as possible.
