What are implied warranties under California law?
UPDATED: Jul 16, 2021
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Mary Martin
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UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Two kinds of warranties are implied by law. These implied warranties, when present, create buyer’s rights and seller/manufacturer obligations in addition to those under any express warranty.
An implied warranty of merchantability (general fitness) is an implied promise that the product is fit for the ordinary purposes for which it is used (i.e., “This car is fit for passenger transportation.”) This implied warranty is present in sales of most new and used products by merchants (not private sale). Under the Song Beverly Consumer Warranty Act, this warranty is present in all sales of new consumer goods and those sales of used goods which come with a written express warranty.
An implied warranty of fitness for a particular purpose is an implied promise that the product is fit for the particular purpose of the buyer (i.e., “This paint will adhere to the sample surface you provided.”).
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.