What Is The Implied Warranty of Fitness for a Particular Purpose?

Warranties are an important consideration in the sale of goods, especially high-priced items. Consumers feel safer making a purchase when a retailer or manufacturer stands behind a product by offering a promise — a warranty — that the product will meet certain standards.

One important guarantee is the “implied warranty of fitness for a particular purpose.” This legal protection applies when you buy a product based on the seller’s advice for your specific need. If you need more information about the implied warranty of fitness for a particular purpose, a warranty lawyer can help. 

The Implied Warranty of Fitness for a Particular Purpose

Most warranties are express warranties. This means they’re in writing, and the seller or manufacturer explicitly promises to fix or replace a product if there’s a problem. Some warranties, however, aren’t written down. These “implied warranties” automatically come with certain purchases. Implied warranties are unspoken, unwritten promises that items you buy will meet certain standards of quality and functionality.

The implied warranty of fitness for a particular purpose is a type of warranty created when you rely on statements of a salesperson or those found in an ad to buy a product for your needs.

For example, if you’re into deep sea diving and you buy a watch based on the retailer’s recommendation or ad that the watch is good for that purpose, and it turns out that it isn’t even waterproof, the implied warranty of fitness for a particular purpose has been breached.

The implied warranty of fitness for a particular purpose isn’t the only type of implied warranty. The implied warranty of merchantability is another type of implied warranty that applies to consumer goods.

Implied Warranty of Fitness Requirements

To establish an implied warranty for a particular purpose, you must meet two requirements:

• At the time of contracting, the seller must know of any particular purpose for which the goods are required
• The seller must know that you are relying on their skill and judgment to select or furnish suitable goods

This type of warranty only applies if you’re relying on the seller’s knowledge or advice. If you don’t rely on their advice and choose a product on your own, then this warranty probably doesn’t apply.

Examples of the Implied Warranty of Fitness

The following might be some scenarios where the implied warranty of fitness for a particular purpose applies:

• Joe wants to open an Italian restaurant. The restaurant will be open 15 hours a day, seven days a week. Joe needs a stove that will not overheat if left on for 15 hours at a time. When Joe goes to Bob’s appliance store, he says, “Hi! I need your help in recommending a stove.” Joe relies upon Bob`s expertise and buys the ACME 412. Four hours after the stove is turned on, it overheats, catches on fire, and stops working. The implied warranty of fitness for a particular purpose has been breached.
• You go into a store and tell the salesperson you need a pair of hiking boots for snow-covered trails. The boots they sell you should be able to handle those conditions. If they don’t, the product may not meet the implied warranty.
• If you ask a car dealership for a vehicle suitable for towing a large trailer, and the dealer recommends a certain model, the vehicle should be able to tow the trailer.

How To Protect Your Rights as a Buyer

Implied warranties are regulated, for the most part, under state law. They automatically apply to most goods under the Uniform Commercial Code (UCC). The UCC is a set of regulations for business and financial transactions adopted by every state and the District of Columbia.

Express warranties are governed by the Magnuson-Moss Warranty Act, a federal consumer protection law. However, Magnuson-Moss also places several limitations on retailer and manufacturer attempts to restrict implied warranties.

Before you buy the item, clearly communicate your intended purpose to the seller. Ask questions such as:

• Will this product work for my particular purpose?
• Can you recommend a product that meets my needs?

This helps you find the right product. It also creates a record that you relied on the seller’s advice. Consider asking for written confirmation on a purchase receipt that the product is meant for a specific purpose. This can serve as proof if the product doesn’t meet your needs.

It’s also a good idea to keep records of your communications with the seller. This includes receipts and emails. This written information will be useful if the item doesn’t work for you.

What To Do if the Product Fails

You have several rights under the implied warranty of fitness for a particular purpose if the product doesn’t work. If there’s a breach of warranty, you can ask for:

• Repair of the item
• Replacement of the item
• Refund of the item

If those efforts are unsuccessful, and you’ve suffered a personal injury, which can include financial losses, you may be able to file a lawsuit. Remember, in this context, “personal injury” does not have to mean physical injuries.

You can also report faulty products to the Federal Trade Commission (FTC) or a similar state agency.

Contact a Consumer Protection Lawyer

Asserting your warranty rights can cause confusing legal issues to arise. An experienced warranty lawyer is ready to assist. An attorney can explain your rights, provide you with options, and represent you in court.