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Quick Answers...Consumer Complaints


What is the difference between a "Warranty of Merchantability" and a "Warranty of Fitness for a Particular Purpose"?

A "Warranty of Merchantability" and a "Warranty of Fitness for a Particular Purpose" are both implied warranties (unspoken, unwritten promises). The Warranty of Merchantability is a promise that the vehicle will do what it is supposed to do. This covers the basic functions of the car, such as running. A breach of this warranty exists only if the dealer sold the vehicle to you with an existing condition.

The Warranty of Fitness for a Particular Purpose would apply if the dealer sold a vehicle to you promising that it would serve a certain purpose, such as hauling a trailer or a boat. The vehicle must be able to serve that purpose or the deal may have broken this warranty.




Source: Buying a Used Car: A Consumer Guide from the Federal Trade Commission, Federal Trade Commission, April 1998.


Last update: Friday, April 21, 2006









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