ABA Family Legal Guide

Automobiles

Consumer Protections

Warranties and the Uniform Commercial Code

Do sellers have to offer a warranty with every car they sell?

Not necessarily. A seller may disclaim or change warranties. Obvious language that mentions merchantability may exclude or modify the implied warranty of merchantability. And an obvious disclaimer in writing may exclude the implied warranty of fitness for a particular purpose. Language such as "sold as is" cancels implied warranties. If the seller has given you an express warranty, however, courts will not uphold any attempted disclaimer that is inconsistent with or which cancels the express warranty.