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Warranty of Merchantability
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.
Source: Federal Trade Commission |
Warranty of Fitness for a Particular Purpose
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.
Dealers who offer a written warranty must complete the
warranty section of the Buyers Guide. Because terms and
conditions vary, it may be useful to compare and negotiate
coverage. Dealers may offer a full or limited warranty on
all or some of a vehicle’s systems or components. Most used
car warranties are limited and their coverage varies. A full
warranty includes the following terms and conditions:
- Anyone who owns the vehicle during the warranty
period is entitled to warranty service.
- Warranty service will be provided free of charge,
including such costs as removing and reinstalling a
covered system.
- You have the choice of a replacement or a full
refund if, after a reasonable number of tries, the
dealer cannot repair the vehicle or a covered system.
- You only have to tell the dealer that warranty
service is needed in order to get it, unless the dealer
can prove that it is reasonable to require you to do
more.
- Implied warranties have no time limits.
If any of these statements doesn’t apply, the warranty is
limited. A full or limited warranty doesn’t have to cover
the entire vehicle. The dealer may specify that only certain
systems are covered. Some parts or systems may be covered by
a full warranty; others by a limited warranty.
The dealer must check the appropriate box on the Buyers
Guide to indicate whether the warranty is full or limited
and the dealer must include the following information in the
"Warranty" section:
- the percentage of the repair cost that the dealer
will pay. For example, "the dealer will pay 100 percent
of the labor and 100 percent of the parts . . .";
- the specific parts and systems—such as the frame,
body, or brake system—that are covered by the warranty.
The back of the Buyers Guide lists the major systems
where problems may occur;
- the warranty term for each covered system. For
example, "30 days or 1,000 miles, whichever comes
first"; and
- whether there’s a deductible and, if so, how much.
You have the right to see a copy of the dealer’s warranty
before you buy. Review it carefully to determine what is
covered. The warranty gives detailed information, such as
how to get repairs for a covered system or part. It also
tells who is legally responsible for fulfilling the terms of
the warranty. If it’s a third party, investigate their
reputation and whether they’re insured. Find out the name of
the insurer, and call to verify the information. Then check
out the third-party company with your local Better Business
Bureau. That’s not foolproof, but it is prudent. Make sure
you receive a copy of the dealer’s warranty document if you
buy a car that is offered with a warranty.
If the manufacturer’s warranty still is in effect, the
dealer may include it in the "systems covered/duration"
section of the Buyers Guide. To make sure you can take
advantage of the coverage, ask the dealer for the car’s
warranty documents. Verify the information (what’s covered,
expiration date/miles, necessary paperwork) by calling the
manufacturer’s zone office. Make sure you have the Vehicle
Identification Number (VIN) when you call.
Like a warranty, a service contract provides repair and/or
maintenance for a specific period. But warranties are
included in the price of a product, while service contracts
cost extra and are sold separately. To decide if you need a
service contract, consider whether:
- the service contract duplicates warranty coverage or
offers protection that begins after the warranty runs
out. Does the service contract extend beyond the time
you expect to own the car? If so, is the service
contract transferable or is a shorter contract
available?
- the vehicle is likely to need repairs and their
potential costs. You can determine the value of a
service contract by figuring whether the cost of repairs
is likely to exceed the price of the contract.
- the service contract covers all parts and systems.
Check out all claims carefully. For example, "bumper to
bumper" coverage may not mean what you think.
- a deductible is required and, if so, the amount and
terms.
- the contract covers incidental expenses, such as
towing and rental car charges while your car is being
serviced.
- repairs and routine maintenance, such as oil
changes, have to be done at the dealer.
- there’s a cancellation and refund policy for the
service contract and, whether there are cancellation
fees.
- the dealer or company offering the service contract
is reputable. Read the contract carefully to determine
who is legally responsible for fulfilling the terms of
the contract. Some dealers sell third-party service
contracts.
The dealer must check the appropriate box on the Buyers
Guide if a service contract is offered, except in states
where service contracts are regulated by insurance laws. If
the Guide doesn’t include a service contract reference and
you’re interested in buying one, ask the salesperson for
more information.
If you buy a service contract from the dealer within 90 days
of buying a used vehicle, federal law prohibits the dealer
from eliminating implied warranties on the systems covered
in the contract. For example, if you buy a car "as is," the
car normally is not covered by implied warranties. But if
you buy a service contract covering the engine, you
automatically get implied warranties on the engine. These
may give you protection beyond the scope of the service
contract. Make sure you get written confirmation that your
service contract is in effect.
The Buyers Guide cautions you not to rely on spoken
promises. They are difficult to enforce because there may
not be any way for a court to determine with any confidence
what was said. Get all promises written.
Source: Federal Trade Commission
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