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Used Cars: Warranty Protection
Introduction
- Can the manufacturer's warranty still apply to a used vehicle?
- What type Implied Warranties are there?
- What is covered under a warranty of merchantability?
- What is a warranty of fitness for a particular purpose?
- Can an implied warranty of merchantability and fitness for particular purpose be excluded or modified?
- Are there any exceptions?
- What is It?
- What must be included in the exclusion or modification of implied warranty of merchantability or fitness of merchantability?
- What does it mean if I purchase the car As Is?
Introduction
When shopping for a used car, look for a Buyers Guide sticker posted on the car's side window. This sticker is required by the Federal Trade Commission on all used cars sold by dealers. It tells whether a service contract is available. It also indicates whether the vehicle is being sold with a warranty, with implied warranties, or "as is".
Can the manufacturer's warranty still apply to a used vehicle?
Yes. The manufacturer's warranty run with the vehicle.
What type Implied Warranties are there?
There are two common types of implied warranties - warranty of merchantability and warranty of fitness for a particular purpose. Both are based on the principle that the seller stands behind the product.
What is covered under a warranty of merchantability?
Under a "warranty of merchantability," the seller promises the product will do what it is supposed to do. For example, a toaster will toast, a car will run. If the car doesn't run, implied-warranties law says that the dealer must fix it (unless it was sold "as is") so that the buyer gets a working car.
What is a warranty of fitness for a particular purpose?
A "warranty of fitness for a particular purpose" applies when you buy a vehicle on a dealer's advice that it is suitable for a certain use, for example, hauling a trailer. Used cars usually are covered by implied warranties under state law.
Can an implied warranty of merchantability and fitness for particular purpose be excluded or modified?
Generally, no such provisions are enforceable.
Are there any exceptions?
Yes.
What is It?
On motor vehicles required to be titled in this state over six model years or that has ben driven seventy five thousand miles and if, at the time of the sale of the vehicle, the seller gives the purchaser notice of the inapplicability of this section on the form prescribed by the State Attorney General.
What must be included in the exclusion or modification of implied warranty of merchantability or fitness of merchantability?
Exclusion or modification of an implied warranty of merchantability shall be in writing, mention merchantability and be conspicuous.
Any exclusion of modification of either warranty shall be separately acknowledged by the signature of the buyer.
What does it mean if I purchase the car As Is?
If you buy a car "as is, " you must pay for all repairs, even if the car breaks down on the way home from the dealership. Mississippi requires the use of specific words to disclaim implied warranties. The Mississippi Attorney General Office prescribes the forms necessary to disclaim all implied warranties.
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