Implied warranties are rights created by state law. Almost every purchase you make is covered by an implied warranty. The most common type of implied warranty is a “warranty of merchantability,” which means the seller promises the product will do what it is supposed to do. For example, a car will run and a toaster will toast. If it does not, you have a legal right to get your money back.
Another type of implied warranty is the “warranty of fitness for a particular purpose.” This applies when you buy a product on the seller’s advice that it is suitable for a particular use. For example, a seller who suggests you buy a certain sleeping bag for zero-degree weather warrants the sleeping bag will be suitable for zero degrees. Implied warranties do not cover problems such as those caused by abuse, misuse, ordinary wear, failure to follow directions, or improper maintenance.
An implied warranty on a used product is a promise the item can be used as expected, given its type and price range. As with new merchandise, an implied warranty on used merchandise applies only when the seller is a merchant who deals in such goods. Implied warranties do not apply to a sale made by a private individual.
Buying a product without a warranty may well indicate the product is risky - low quality, damaged, or discontinued - and, therefore, should be available at a lower price.
If your purchase does not come with a written warranty, it is still covered by an implied warranty unless the product is marked “as is,” or the seller otherwise indicates in writing that no warranty is given. However, if you purchase a product "as is" and it proves to be defective or dangerous and causes personal injury to someone, the seller may still be liable under the principles of product liability.
If problems arise that are not covered by the written warranty, you should investigate the protection given by your implied warranty.
Implied warranty coverage can last as long as four years, although the length of the coverage varies from state to state. A lawyer or a state consumer protection office can provide more information about implied warranty.