Protect Yourself by Knowing These Legal Terms
By Teresa Ambord
Most of us have purchased something “as is.” It doesn’t take a rocket scientist to know that that means the seller is not obligated to repair or replace the item.
Buying “as is” means you accept the defects, even if the purchase falls apart minutes after you’ve paid for it. But that doesn’t mean you have no protection.
- Salespeople are required by virtue of the Fair Trading Act to tell you the truth. If a salesman knows of a defect and knows that you are unaware of the defect, he must tell you, or break the law.
- Merchants who sell products as is, must display the “as is” sign clearly, not bury it in fine print.
- The term “as is” is a disclaimer. Some states prohibit selling used cars “as is,” while other states require specific language in order to use this disclaimer. And some states, under their lemon laws, will allow consumers to get refunds or replacements if the vehicles are seriously defective. To find out what your state allows, check with your Consumer Protection Agency, your state's office of the attorney general, or contact an attorney familiar with your local law.
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Other Terms You Should Know
Implied Warranty: Obviously, implied warranties are not written or spoken. They are based on the principle that the seller stands behind the product he is selling.
- One of the two common implied warranties is the “implied warranty of merchantability.” This means the seller promises the product will do what it is meant to do. For example, a car is meant to run. If it doesn’t, the dealer is obligated to fix it so that it does run (unless it was sold “as is”). Of course, cars and other items can be sold for purposes other than what they were originally made for. A car might be sold for parts only, or an old toilet might be sold as an obscure planter, as long as the intended purpose is clear.
- The other implied warranty is “warranty of fitness for a particular purpose,” which means that you inform the seller what you are buying the item for, and he advises you that the item is suitable for that purpose. An example is, if you purchase a truck to haul a trailer and the seller assures you this truck can handle the load.
What if you have a written or expressed warranty and are having trouble getting it honored?
Here is what the Federal Trade Commission recommends:
- Read the warranty through again carefully to make sure what you expect is included in the warranty. The company may have the right to try to fix it first before resorting to replacing it. If you reported the defect before the warranty expired and the company fixed it, but it still doesn’t work, the seller must still honor the warranty.
- Talk to the retailer first, and try to resolve the problem. If that fails, write to the manufacturer (address should be on the warranty). Make copies of all correspondence. Send letters by certified mail, return receipt requested. For a guide in writing your complaint, see the FTC’s sample by visiting their Web site and arrowing to the bottom of the page. Sample Complaint Letter
- If you still can’t get help, contact your local Consumer Protection Agency.
The consumer Protection Agency may recommend an organization that exists to resolve disputes. In fact, your warranty may require that you use dispute resolution before you can go to court… so read that fascinating warranty one more time.
- Depending on the amount of your dispute, you may want to go to small claims court. You don’t need an attorney, the procedures are simple, and the costs are small. Open your phone book and locate the Clerk of the Court for your County. He/she will advise you how to file and what the dollar limits in your state are.
- If all else fails, you may wish to contact an attorney. You can sue for damages, legal fees, and other relief the court agrees to.
