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60 Second Lemon Law Assessment™
60 Second Lemon Law Assessment™
As a consumer, you have more power than you might think. When you purchase a product from a professional seller, the law automatically grants you certain protections, whether they’re mentioned in a contract or not. One of the most important of these is the implied warranty of merchantability. This isn’t some obscure legal footnote; it’s your built-in guarantee that a product, especially a major purchase like a car, will be of at least average quality and function as it’s supposed to. Understanding this right is the first step toward holding sellers accountable. In this article, we’ll explain this automatic protection in simple terms, so you know exactly what you’re entitled to and how to act when you’ve been sold a product that doesn’t measure up.
When you buy a product, you have a basic expectation: it should work. A new car should drive, a phone should make calls, and a refrigerator should keep your food cold. You don’t expect to take it out of the box and find it’s completely useless. This fundamental expectation isn’t just wishful thinking; it’s a consumer right backed by law. It’s called the implied warranty of merchantability.
This warranty is an unspoken, unwritten promise from the seller that the product you’re buying is fit for its ordinary purpose. It’s an automatic guarantee that protects you from being sold something that’s fundamentally flawed. Unlike an express warranty that might be printed in a manual or offered at the time of sale, this one is automatically included in the transaction. Understanding this concept is a powerful first step, especially if you’re dealing with a major purchase like a vehicle that fails to meet reasonable quality standards.
The best part about the implied warranty of merchantability is that it’s automatic. The seller doesn’t have to say, “I promise this car will run,” for the promise to exist. The law automatically “implies” it into the sale. This means the goods must be reasonably fit for their everyday use. A car that won’t stay running or has a major transmission defect right after you buy it is not fit for its ordinary purpose of providing reliable transportation. This warranty is your built-in safety net, ensuring you get what you paid for. It’s a core principle behind state and federal Lemon Laws, which provide a remedy for consumers who purchase defective vehicles.
This powerful consumer protection isn’t arbitrary; it comes from a set of laws called the Uniform Commercial Code (U.C.C.). Specifically, U.C.C. § 2-314 establishes the implied warranty of merchantability. This rule applies to sales made by a “merchant,” which is simply a person or business that regularly sells goods of that kind. For example, a car dealership is a merchant of cars, and a big-box store is a merchant of electronics. This warranty is considered a standard part of the sales contract unless the seller explicitly and correctly disclaims it, which we’ll cover later. The principles of the U.C.C. also form the basis for consumer protection laws like the Federal Lemon Law.
The implied warranty of merchantability is a powerful tool for consumers, but it doesn’t apply to every single transaction. For this protection to kick in, two key conditions usually need to be met: the seller must be a “merchant,” and the transaction must qualify as a “sale of goods.” Understanding these two points is the first step in figuring out if you’re covered when a product, like a new car, fails to meet basic expectations. Let’s break down what each of these terms means for you.
This warranty isn’t for private sales, like buying a used car from your neighbor’s online ad. It applies specifically when you buy from a “merchant.” A merchant is a person or business that regularly sells the type of product you bought or holds themselves out as having special knowledge about it. Think of a car dealership. They are clearly merchants because their entire business is selling vehicles. This distinction is important because the law assumes that a professional seller should stand behind the basic quality of their products. So, if you purchased your vehicle from a licensed dealer, you are almost certainly dealing with a merchant under state Lemon Laws.
The implied warranty of merchantability automatically applies to the sale of goods. It’s a built-in promise that the product you’re buying is fit for its ordinary purpose. This concept comes from a set of rules called the Uniform Commercial Code, which most states have adopted to create a standard for business transactions. The law is designed to protect you, the buyer, by ensuring that products meet a minimum level of quality. Whether you’re buying a new truck or a certified pre-owned car, the transaction is considered a sale of goods, and this unspoken guarantee is part of the deal. You can find more answers to common questions in our Lemon Law FAQs.
The term “merchantable” might sound like something straight out of a law textbook, but its meaning is actually quite simple and practical. It’s the legal standard that says a product must be reasonably fit for its ordinary purpose. It doesn’t have to be the best product on the market, but it does have to meet a basic level of quality and performance that a typical buyer would expect.
When you buy a new car, you expect it to run properly. You expect it to be safe, reliable, and free from significant defects. This expectation isn’t just wishful thinking; it’s a right protected by law. If your new vehicle is plagued with problems that the dealer can’t seem to fix, it likely fails the “merchantability” test. This concept is a cornerstone of consumer protection and is central to many warranty law cases. It’s an unwritten, automatic guarantee that comes with the sale. Understanding what this standard includes is the first step in knowing your rights and seeking the compensation you deserve. Let’s break down the four key parts of what makes a product, like your car, truly merchantable.
At its core, a product is merchantable if it does what it’s supposed to do. A refrigerator should keep food cold, a phone should make calls, and a car should provide safe, reliable transportation. This is the most fundamental part of the implied warranty. If your new car spends more time in the repair shop than on the road because of a recurring engine or transmission issue, it’s clearly not serving its primary purpose. This failure is a strong indicator that you may have a valid Lemon Law claim. The vehicle isn’t just inconvenient; it’s failing to be a car in the most basic sense.
For a product to be merchantable, it must be of at least average quality compared to similar items on the market. Think of it as a baseline for what’s acceptable. A brand-new vehicle shouldn’t have paint that peels within the first month, an engine that makes strange noises, or electrical systems that constantly fail. While minor imperfections might be expected over time, significant defects right from the start suggest the car is not of fair, average quality. It must be good enough to pass without objection in the auto industry, meaning other dealers would find it acceptable to sell as new.
This standard means that the product must be properly contained, packaged, and labeled as required. For a car, the “packaging” and “labeling” include things like the official window sticker (or Monroney label), the owner’s manual, and other accompanying documents. All the information provided must be accurate. If the label specifies that your car comes with certain safety features, like blind-spot monitoring or automatic emergency braking, those features must be present and fully functional. Incorrect or misleading information can be a breach of the implied warranty of merchantability.
Going hand-in-hand with correct labeling, a product must conform to any promises or statements of fact made on its container or label. The specifications listed on your car’s window sticker aren’t just suggestions; they are promises. If the sticker states the vehicle has a certain horsepower, towing capacity, or includes a specific technology package, the car must deliver on those promises. When a vehicle fails to live up to the explicit claims made in its official documentation, it fails to be merchantable. You can find more answers to questions like this in our Lemon Law FAQs.
While the implied warranty of merchantability is a powerful consumer protection, it isn’t a limitless guarantee. It’s designed to protect you from defects and products that don’t work as they should, but it has reasonable boundaries. Think of it as a safety net, not a lifetime service plan. Understanding these limits helps you know when you have a strong claim and what your responsibilities are as a buyer. The warranty doesn’t cover every possible issue, especially those you could have easily spotted before purchase or those that result from normal use over time.
The law assumes that a buyer will give a product a reasonable look-over before purchasing it. The implied warranty of merchantability generally does not cover defects that you should have noticed during a pre-purchase inspection. For example, if you’re buying a used car and see a large, obvious dent on the door or a cracked taillight, you can’t later file a warranty claim for those specific issues. These are considered patent defects, meaning they are plain to see. The warranty is meant to protect you from hidden problems, not flaws that were clearly visible from the start.
This ties directly into the point about obvious flaws. If a seller gives you the chance to inspect a product and you choose not to, you may lose your warranty rights for any defects you would have found. Let’s say you’re offered a test drive but decide to skip it. If you later discover the car shudders violently when it accelerates, the seller could argue that you waived your right to a claim because a simple test drive would have revealed the problem. This is why it’s so important to take your time and be thorough. You have a responsibility to perform a reasonable examination when given the opportunity.
An implied warranty doesn’t last forever. Generally, you have up to four years from the date of sale to make a claim for a breach of implied warranty, but this can vary. This time limit, known as the statute of limitations, applies to defects that existed when you bought the product, even if you didn’t discover them until later. It’s not a four-year guarantee on performance. Because these deadlines are strict, it’s critical to act as soon as you discover a problem. Understanding the specific Lemon Laws in your state can help clarify the timeline you need to follow.
This warranty covers the product’s condition at the time of sale, not its durability over years of use. It’s a promise that the product is fit for its purpose from day one, not a shield against the effects of aging. For instance, the warranty wouldn’t cover brake pads or tires that wear out after a couple of years of normal driving. That’s expected. However, if the engine fails a month after you drive it off the lot, that’s a different story. The Federal Lemon Law, also known as the Magnuson-Moss Warranty Act, helps distinguish between a genuine defect and issues caused by misuse or simple wear and tear.
Yes, a seller can try to get out of the implied warranty of merchantability, but they have to follow very specific rules to do so. They can’t just hide a disclaimer in the fine print and hope you won’t notice. The law includes these requirements to protect you, the consumer, from unknowingly giving up your rights. When a seller wants to sell a product without this basic guarantee, they must make it incredibly clear that you are accepting the item “as is,” with any potential faults. Understanding these rules is your first line of defense, especially when you’re making a major purchase like a vehicle.
You’ve probably seen the phrase “as is” on a sticker in a used car window. This is the most common way sellers try to disclaim implied warranties. Using language like “as is” or “with all faults” is meant to signal that you are buying the product in its current state, whatever that may be. For this disclaimer to hold up, the language must clearly communicate to the average person that there is no implied warranty. It’s a way for the seller to transfer the risk of any potential problems to you. However, these disclaimers don’t always get a seller off the hook, especially when state and federal Lemon Laws come into play.
A disclaimer isn’t valid just because it’s written down somewhere. To be legally binding, it must be conspicuous, meaning it has to be obvious. A seller can’t bury it in a long paragraph of tiny text. Instead, the disclaimer should stand out. You might see it in a larger font, bold text, a different color, or in all capital letters. Furthermore, to specifically disclaim the warranty of merchantability, the seller must use the word “merchantability” in the disclaimer. If the disclaimer isn’t clear and easy to spot, it may not be enforceable, and your warranty rights may still be intact.
Here is a critical protection you should know about: if a seller provides you with a written warranty or sells you a service contract, they cannot legally disclaim the implied warranty. This is a key provision of the Federal Lemon Law, also known as the Magnuson-Moss Warranty Act. This means you get the protection of both the written promises and the underlying guarantee that the product is fit for its ordinary purpose. So, if you bought a used car that came with a “30-day limited warranty,” it also automatically came with the implied warranty of merchantability for the duration of that written warranty.
Discovering that a product you’ve purchased doesn’t work correctly is incredibly frustrating, especially when it’s a major investment like a new car. The good news is that you have rights under the implied warranty of merchantability. When a product fails to meet those basic standards, you don’t have to just accept it. Following a few clear steps can help you build a strong case and get the resolution you deserve.
The moment you notice an issue, your first job is to become a record-keeper. Solid documentation is the foundation of any successful claim. Start by gathering every piece of paper related to the purchase, including receipts and financing agreements. For a vehicle, this means keeping a detailed log of every repair attempt, including the date, the dealership, the reported problem, and the work they performed. Take clear photos or videos of the defect if possible. This collection of evidence is your proof that the product isn’t living up to its end of the bargain. The more detailed your records are, the stronger your position will be.
With your documentation in hand, the next step is to formally notify the seller of the problem. While a phone call is a fine start, you should always follow up in writing, like with an email or a certified letter, to create a paper trail. Clearly explain the issue, what steps you’ve already taken to fix it, and what you expect them to do. For a car, this usually means contacting the dealership’s service department. If they are unable or unwilling to help, you may need to escalate the issue to the vehicle’s manufacturer. Being clear, professional, and persistent is key to getting their attention and a proper response.
If the seller or manufacturer isn’t providing a solution, it’s time to understand your legal rights. The implied warranty of merchantability gives you a legal basis to demand a working product. For new vehicles, this protection is often strengthened by state and federal Lemon Laws. These laws are specifically designed to help consumers who are stuck with defective cars. They establish clear rules for what qualifies as a “lemon” and outline a process for you to receive a replacement vehicle or a full refund. Each state has slightly different requirements, so it’s helpful to learn about the specific laws where you live.
If you’ve tried to resolve the issue on your own without success, you don’t have to give up. This is the perfect time to consult with an attorney who specializes in warranty and Lemon Law cases. A lawyer can assess your situation, explain your options, and handle all communication with the manufacturer on your behalf. This is especially important because large corporations have teams of lawyers on their side. Best of all, many Lemon Law attorneys work on a contingency basis, and the law often requires the manufacturer to pay your legal fees, so there are no out-of-pocket costs for you. Contacting an experienced firm can help you get the justice you deserve.
When you buy a car, it comes with promises about its quality. These promises, called warranties, fall into two main categories: implied and express. Understanding the distinction is key to protecting your rights. An express warranty is a specific, stated promise from the seller, while an implied warranty is an automatic guarantee provided by law. Think of it as the difference between a promise in the contract and one built into the rules of a fair sale. Both are incredibly important if you have a defective vehicle, and knowing how they work gives you a clearer picture of your protections.
An express warranty is a direct promise from the seller. It can be verbal, like a salesperson claiming a truck can tow 10,000 pounds, or written, like the warranty booklet with your new car. These are specific claims about the product’s quality. In contrast, an implied warranty is an unwritten guarantee that automatically comes with a sale. State lemon laws create these promises to ensure you get a product that works as it should. The most common is the “implied warranty of merchantability,” the basic promise that a car is fit for driving safely.
Express warranties are specific about what they cover and for how long, like a “5-year/60,000-mile powertrain warranty.” The terms are clearly defined. Implied warranties are different. Their main job is to cover the vehicle’s condition at the moment it was sold, not to guarantee how long it will last. However, the duration of an implied warranty is often tied to the length of any written warranty. If you have a one-year express warranty, your implied warranty protections generally last for that same period, giving you a baseline of protection from the start.
Express and implied warranties aren’t mutually exclusive; they often exist side-by-side. The Federal Lemon Law, also known as the Magnuson-Moss Warranty Act, states that if a seller provides a written warranty, they cannot eliminate the implied warranties. This means your automatic legal protections remain in place. If your car has a defect that violates either the manufacturer’s written promises or the basic guarantee of safety and reliability, you may have a strong foundation for a lemon law claim. Both warranties can be used to hold a manufacturer accountable.
The implied warranty of merchantability is a powerful consumer protection, but it’s also surrounded by confusion. When you’re dealing with a defective car, it’s vital to have the facts straight. Let’s clear up a few common myths so you can understand your rights and what this warranty actually covers. Knowing the truth can make all the difference in getting the resolution you deserve.
It’s easy to think an implied warranty is a catch-all for any problem, but that’s not the case. This warranty doesn’t cover issues you should have reasonably noticed before buying. For example, if a used car has a large, obvious dent, the warranty likely won’t apply to that specific flaw because the law expects a buyer to perform a reasonable inspection. This protection is for hidden defects that stop a product from working as it should, not cosmetic issues or problems that were apparent from the start.
Another misconception is that this warranty lasts forever. In reality, there’s a time limit for taking action. While it can vary by state, you generally have four years from the purchase date to file a claim for a defect that existed at the time of sale. It’s important to act quickly if you discover a problem with your vehicle, as waiting too long could mean losing your rights. If you’re unsure about the deadlines, reviewing some Lemon Law FAQs can provide helpful clarity.
Many people assume that if a product is defective, the manufacturer is the only one responsible. However, liability can extend further down the supply chain. Depending on the situation, you may be able to make a claim against the manufacturer, the distributor, or the dealership that sold it to you. Figuring out who to hold accountable can be complex, but you don’t have to do it alone. An experienced attorney can help identify the responsible parties and guide you through the process.
Does this implied warranty apply to used cars? Yes, it often does. The key factor is whether you bought the vehicle from a merchant, like a dealership, rather than a private individual. However, used cars are frequently sold “as is,” which is a seller’s attempt to disclaim this warranty. It’s important to check your paperwork carefully, because if the dealer also sold you a written warranty or a service contract, they generally cannot get rid of the implied warranty.
What’s the difference between this and the written warranty from the manufacturer? Think of it this way: a written (or express) warranty is a specific set of promises the manufacturer puts on paper, like a 5-year powertrain warranty. The implied warranty of merchantability is an automatic, unwritten promise required by law that the car is fit for its basic purpose of providing safe transportation. The two often work together, giving you a broad layer of protection.
What if the dealership sold me the car “as is”? An “as is” sale means you are accepting the car with all its potential faults, and the seller is not providing that automatic promise of quality. For this to be valid, the disclaimer must be very clear and obvious in your contract. But there’s a major exception: under federal law, if the dealer provided any kind of written warranty or sold you a service contract, they cannot legally sell the car “as is.”
Is this warranty the same as the Lemon Law? They are related but not exactly the same. The implied warranty of merchantability is a legal principle that says a product must work for its intended purpose. State and federal Lemon Laws are specific statutes that build on this principle, providing a clear remedy (like a refund or replacement) for consumers who are stuck with defective vehicles that a manufacturer can’t fix after a reasonable number of attempts. A breach of the implied warranty is often the foundation for a successful Lemon Law claim.
How long do I have to act if I think my car is defective? There are time limits, known as statutes of limitations, for making a claim. This period is typically four years from the date you bought the vehicle, but it can vary. This deadline applies to defects that existed at the time of sale, even if you only discovered them later. Because these timelines are strict, it is very important to document the problem and seek advice as soon as you realize your car has a serious issue.
Have questions about your lemon law case? Our FAQ section is here to provide clear, concise answers to the most common concerns. Take a look below to find the information you need, and if you still have questions, don’t hesitate to contact us for further assistance!
The so-called “Lemon Law” is a State law which is defines when a manufacturer has breached its written warranty and what the victim is entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or Lemon Laws) in each State and on the Federal level which can be used to recover money for consumers who do not meet the strict definitions contained in their State’s Lemon Law. In most states, the State Lemon Law provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and Attorney’s Fees and Costs if the consumer prevails. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
According to Wikipedia, in the 1800s, people started using the word ‘lemon’ to describe people who were sour (or unfriendly). In American English the word was first recorded in 1909 in the slang sense of “worthless thing”. Over time, ‘lemon’ came to refer to anything that was defective or broken or which breaks constantly, particularly a car. However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle. In a nutshell, any defect or nonconformity, or combination of defects, which is/are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to Lemon Law relief. Your vehicle does NOT have to be breaking down to be considered a lemon. In short, if you are aggravated enough to be reading this you may have a lemon. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Almost any type of passenger vehicle is covered by the Lemon Law. This means that Cars, Trucks, Vans, Motorcycles and many other types of motor vehicles are usually covered under the Lemon Law. For Boats, ATVs, RVs and items that may not covered by the strict definitions of the State Lemon Law, other State and Federal Lemon Laws are available which do cover these products. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” Many State’s Lemon Laws provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and mandatory Attorney’s Fees and Costs if the consumer prevails. When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Should we agree to represent you, your case will be handled on a contingency basis, whereby our office will not get paid unless you get paid. You will not have to come out-of-pocket to pay our fee! Furthermore, Kahn & Associates, L.L.C. may advance all usual and reasonable costs as a part of our representation on certain cases.
Kahn & Associates, L.L.C. represents thousands of consumers every year with defective vehicles. As with most cases, over 97% of these cases settle to the satisfaction of both parties. Remember, the manufacturer would rather pay less now than risk paying a much larger amount to you, your attorney and their attorneys later.
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I had a great experience with Kahn & Associates! They made the process of dealing with an extremely frustrating lemon situation painless. They have very quick response times and everyone I dealt with was very friendly and helpful. Would definitely recommend!
Kahn and Associates did an awesome job with our lemon law case! We were getting nowhere with VW Customer Service and decided to hire an attorney who specialized with lemon law cases. We couldn’t be happier with the outcome. We were able to get a full refund on our lemon VW Atlas.
What a great experience! I was on the fence about hiring an attorney for my ongoing automotive issues and continued frustration with the manufacturer. It was a very simple process and I am very grateful Kahn and Associates for helping get me a settlement!
Real Honest attorneys!!! They are the real deal! I went back and forth with them and they explained to me every step and my rights under the law! I give them 5 stars because I won!!! Yes and my check is coming to me much sooner than I thought! I was stuck ! I own a brand new car and the dealer was giving me a hard time !
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Craig A. Kahn, who has more than 20 years of legal experience in lemon law.
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Stuck with a defective car in Ohio? State Lemon Laws protect you. Get a refund, replacement, or cash settlement. Learn your rights today!
Florida Lemon Laws cover new and used vehicles. If your car’s a lemon, you deserve compensation. Let us help you fight for justice!
Michigan’s Lemon Law protects you from faulty vehicles. Don’t settle for endless repairs—claim your refund or replacement now.
North Carolina Lemon Laws ensure defective vehicles are replaced or refunded. Know your rights and take action today!
Pennsylvania Lemon Law covers new cars with repeated issues. Get the compensation you deserve. Click to learn more!
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