ABA Family Legal Guide

Automobiles

Consumer Protections

Warranties and the Uniform Commercial Code

What if the car seller gives me express and implied warranties that are inconsistent?

According to the Uniform Commercial Code, the parties' "mutual intention" decides which warranty takes priority. If there is no way to decide this, the following rules determine priority:

1. Specific or technical language usually wins over descriptive language that is inconsistent and general.

2. Express warranties override inconsistent implied warranties of merchantability.

3. Implied warranties of fitness for a particular purpose survive other inconsistent warranties.