Implied Warranties

A warranty is a guarantee or promise surrounding a commercial transaction. An express warranty is an explicit guarantee or promise openly and voluntarily offered by one party to the other to cover a specific transaction. An implied warranty is a guarantee or promise mandated by law, ordinarily running from a seller to a buyer, concerning the fitness or value (the “merchantability”) of the product or service being sold. Exactly what warranties are mandated, how long they run, whether and how a seller can disclaim any of them, and what remedies are available if any implied warranties are breached are all determined by the specific laws covering the transaction. In the United States, implied warranties are usually enacted and enforced under state law, while some transactions ...