What Are Implied Warranties Under US Law?
Implied warranties are automatic legal guarantees created under the Uniform Commercial Code (UCC). These warranties exist whether or not a written warranty is provided.
The two most common implied warranties are:
- Implied warranty of merchantability – the product must function for its ordinary purpose
- Implied warranty of fitness for a particular purpose – the product must be suitable for a specific use discussed with the seller
How “As-Is” Clauses Attempt to Limit Warranty Liability
In many states, sellers try to use “as-is” or “with all faults” language to eliminate the disclaimer of implied warranties. When allowed, this shifts the risk of defects entirely to the buyer. However, state consumer protection laws may override these disclaimers.
US States That Prohibit or Restrict Implied Warranty Disclaimers
Some states provide enhanced protections that prevent sellers—especially businesses—from fully disclaiming implied warranties.
Massachusetts
Massachusetts law does not allow sellers to disclaim implied warranties in consumer sales. Even if a contract states “as-is,” buyers retain full implied warranty protections.
Connecticut
Connecticut restricts implied warranty disclaimers in consumer transactions, particularly when goods are sold by merchants in the ordinary course of business.
Maine
Maine law generally prohibits the disclaimer of implied warranties in retail sales, ensuring that consumers are protected against defective goods.
Vermont
Vermont maintains strong consumer protection statutes that limit a seller’s ability to waive implied warranties through “as-is” language.
New Jersey
New Jersey consumer laws frequently override warranty disclaimers, especially when sellers make representations about quality or condition.
Kansas
While Kansas allows certain disclaimers, courts often invalidate them if they conflict with consumer protection statutes or misleading sales practices.
Why the Disclaimer of Implied Warranties Is Closely Regulated
Legislators recognize that most consumers lack the expertise to inspect complex products before purchase. Restricting the disclaimer of implied warranties prevents sellers from avoiding responsibility for fundamentally defective goods.
Why Record-Keeping Strengthens Warranty Claims
Because warranty rights vary by state, maintaining proof of purchase, service records, and warranty terms is essential. Digital platforms such as Warranty Book allow consumers to store and retrieve warranty documents quickly when disputes arise.
What Buyers Should Check Before Accepting an “As-Is” Sale
- Confirm whether your state restricts implied warranty disclaimers
- Identify if the seller is a merchant or private individual
- Review written disclosures carefully
- Retain all purchase and communication records
Final Thoughts
The presence of an “as-is” clause does not automatically remove your rights. In several US states, the disclaimer of implied warranties is limited or prohibited entirely. Understanding your state’s laws and keeping proper documentation can protect you from costly post-purchase surprises.