ABA Family Legal Guide

Contracts and Consumer Law

Types of Contracts

Warranties

May a merchant disclaim a warranty?

Not after you've made the deal. But before you buy, unwritten express warranties and (in most states) implied warranties of merchantability or fitness may be excluded or disclaimed if the contract or disclaimer is in writing and the relevant language is obvious. The word "merchantability" may have to appear for a disclaimer of an implied warranty to be valid, or it may have to state that a product is delivered "as is." In contrast, a less communicative written statement may disclaim the implied warranty of fitness for a particular purpose. In any event, a person may not disclaim an express warranty that's written in the contract.