Question 1

What's the difference between express and implied warranties?

Accepted Answer

Express warranties are stated explicitly — 'this roof will last 25 years.' Implied warranties exist by law whether anyone mentions them or not. You don't need a written promise that a new car will start — the law implies that warranty automatically.

Question 2

Can a seller disclaim implied warranties?

Accepted Answer

Yes, but the disclaimer must be conspicuous and use specific language. Under the UCC, disclaiming the implied warranty of merchantability requires using the word 'merchantability' and being conspicuous (bold, caps, or larger font). 'AS IS' or 'WITH ALL FAULTS' disclaimers can eliminate all implied warranties in most states.

Question 3

What happens if a product doesn't work as expected?

Accepted Answer

If no implied warranty was disclaimed, you can claim breach of implied warranty of merchantability. You're entitled to a replacement, repair, or refund. You might also recover consequential damages (like lost business income) if the defective product caused additional harm.

Question 4

Do implied warranties apply to services?

Accepted Answer

It varies by state. Many states imply a warranty of workmanlike performance for services — meaning the work must meet professional standards. A plumber who installs pipes that immediately leak has breached this implied warranty, even without a written quality guarantee.

Question 5

How long does an implied warranty last?

Accepted Answer

The UCC's statute of limitations for breach of warranty is 4 years from delivery. Some states allow different periods. Unlike express warranties that can specify '90 days' or '1 year,' implied warranties generally last as long as the statute of limitations allows.

Question 6

Do 'AS IS' sales have any warranties?

Accepted Answer

'AS IS' effectively eliminates implied warranties in most states. But it doesn't protect a seller who commits fraud or actively conceals known defects. If a used car dealer knows the transmission is failing and sells it 'AS IS' without disclosure, they may still be liable.

Implied Warranty

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about implied warranty

Create a contract with proper implied warranty clauses