Guarantees / Warranties

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What is an express warranty?

An express warranty is a clearly stated guarantee by a seller of a product that a product will perform in a certain manner. It is distinct from an implied warranty, which is imposed by the law even when not clearly stated. In many cases, both express and implied warranties will apply.

An express warranty is a clearly stated guarantee by a selle...

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What are my remedies in California under the UCC?

The Uniform Commercial Code (UCC) is a national code set in place to help regulate warranty laws from state to state. The UCC provides recommendations for warranty laws, but does not dictate specifics or require that states adopt certain regulations, so a consumer's (and manufacturer's) rights under the UCC may vary depending on where he or she is located and/or where the manufacturer of the product in question is located and whether that state has adopted some or all of the UCC provisions.

The Uniform Commercial Code (UCC) is a national code set in ...

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What are my guaranteed remedies in California under Song Beverly?

The Song-Beverly Consumer Warranty Act is a California civil code designed to protect buyers and leasers of new motor vehicles by giving them protection against'lemon' vehicles. There are numerous remedies available under Song-Beverly "lemon law" that you should be aware of as a consumer.

The Song-Beverly Consumer Warranty Act is a California civil...

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Am I entitled to a contractor warranty against defects in workmanship or service?

Whether or not your contractor has to give you a written contractor warranty can vary by state. It can also vary based on the type of work being done. In some instances, even if the contractor does not give you a written contractor warranty, you may have some rights against defects in the workmanship or service.

Whether or not your contractor has to give you a written con...

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What if I buy a car as is?

If you buy a car 'as is,' that means there is no warranty- either express or implied- associated with the purchase of that car. Under the law, there are both express and implied warranties available for many different types of purchases. This means that even if a seller doesn't make you a specific promise that the item will work, an implied warranty may kick in and you may be guaranteed that an item will perform as it should and/or that all promises regarding the type of the item were true. However, when a car is sold 'as is' that means that no warranty applies at all, not even an implied warranty.

If you buy a car 'as is,' that means there is no warranty- e...

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What types of warranties do California consumer protection laws require?

Warranties are either express or implied. Express warranties are those offered by manufacturers or sellers for a given product. Implied warranties are those that are created by operation of law. California enforces both express and implied warranty and has a host of consumer protection laws that apply to both.

Warranties are either express or implied. Express warranties...

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What are implied warranties under California law?

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.

Two kinds of warranties are implied by law. These implied wa...

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What are my legal remedies in California under the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act is a federal act in place to protect consumers against warranties on products when the warranties are deceptive, fraudulent, or otherwise purposefully inadequate. There are numerous potential remedies in place under Magnuson Moss.

The Magnuson-Moss Warranty Act is a federal act in place to ...

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Types of Warranties

A warranty is a guarantee of the quality and performance of a product. A warranty can be either written or oral and it can be either express or implied.

A warranty is a guarantee of the quality and performance of ...

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What is an implied warranty of fitness for a particular purpose?

An implied warranty is a warranty that is considered inherent within the transaction between the buyer and seller. Specifically, an implied warranty of fitness for a particular purpose does not have to be specifically stated in words by the seller.

An implied warranty is a warranty that is considered inheren...

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Holiday Gifts and Buyer’s Remorse: Understanding Your Right to Return

With the holiday season just completed, consumers are assessing not only what they received, but also the damage on their credit card bills. Businesses who reached out to consumers during the holiday shopping season must also brace for the prospect of returning purchases and refunds. As a consumer, it's important to know when you have the right to return a defective product as well as take advantage of the little-known cooling-off period.

With the holiday season just completed, consumers are assess...

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