Implied Warranty of Merchantability

In one sentence

An automatic guarantee that goods sold by a merchant are fit for their ordinary purpose.

Plain English

When a merchant sells you something, the law automatically includes a promise (called a warranty) that the item is of decent quality and works for what it's supposed to do. You don't have to ask for this promise—it's implied by law. For example, a toaster should toast bread, and a jacket should keep you warm. If the item fails at its basic purpose, the merchant has breached this warranty and you may have a right to a refund or replacement.

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Example

You buy a new laptop from an electronics store, and it stops working after two weeks. The implied warranty of merchantability means the store promised the laptop would work properly, and you can likely return it for a refund.

Used in a sentence

“The implied warranty of merchantability protects buyers by ensuring that goods sold by merchants meet basic quality standards.”

Related terms

Article 2

The section of the UCC that governs the sale of goods between merchants and non-merchants.

Merchant

A person or business that regularly buys and sells goods of a particular kind.

Goods

Tangible, movable items that can be bought, sold, or leased under the UCC.

Implied Warranty of Fitness for a Particular Purpose

A guarantee that goods will work for a specific purpose the buyer told the seller about.

Disclaimer of Warranties

A statement that removes or limits the automatic guarantees a seller would otherwise provide.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.