3. USED CAR IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY
MAY BE IMPOSED UNDER CERTAIN CIRCUMSTANCES

The law imposes implied warranties to insure consumers a minimum level of quality. California has extended implied warranties to the sale of "used" consumer products. If a used car dealer gives an express warranty (NOT a service contract) an implied warranty is imposed as well. The implied warranty runs concurrently with the express warranty for not less than 30 days and more than 90.

A breach of an implied warranty gives the consumer has the right to immediately seek replacment or refund WITHOUT giving an opportunity to repair the problem. California has two types of IMPLIED WARRANTIES:

1. IMPLIED WARRANTY OF MERCHANTABILITY: This means that a used car must meet the minimum standards for ordinary use. If the car's transmission quits working all together the car does not meet that minimum standard. But if the car's radio quits working the car still meets that minimum standard.
2. IMPLIED WARRANTY OF FITNESS: If the used car dealer knows the specific purpose for which a consumer is looking to buy a used car and the buyer is relying on the seller in buying a particular used car an implied warranty of fitness is created. EXAMPLE: The dealer tells a buyer a particular truck will tow a boat/heavy trailer but the truck overheats every time it tows. That is a breach of the implied warranty of fitness.

"CERTIFIED" USED VEHICLES: If a car is adverised as "certified" the dealer is prohibited from selling it "as is" or disclaiming the implied warranty of merchantability. The dealer is required to provide the buyer with a copy of the inspection report the led to the vehicle being "certified".

CAUTION: A used vehicle sold with a warranty is not an assurance that you are buying a reliable vehilce. Only a qualified auto mechanic can tell you that.