What are implied warranties under California law?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 20, 2013

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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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