There are several types of warranties that may help cover your used car. These include:
- Implied Warranty
- The Warranty of Merchantability
- Warranty of Fitness for a Particular Purpose
You may have an implied warranty if you do not have a written warranty that covers your problems. When a dealer sells a car with a written warranty or service contract, implied warranties are included automatically. Louisiana law says that cars sold by dealers must meet reasonable quality standards. An implied warranty is an unspoken, unwritten promise from the seller to the buyer. Dealers can add terms to the sale to undo the implied warranty. Dealers can write a notice with the words "as-is" or "with all faults" to undo the implied warranty. There is no set time limit to act on an implied warranty. There is more than one kind of implied warranty.
The most common type of implied warranty is called a "warranty of merchantability." This kind of warranty means the seller promises that the car will do what it's supposed to do. For example, a warranty that the car will run. The Warranty of Merchantability covers basic things a car is supposed to do but does not cover everything that could go wrong with the car. Breakdowns and other problems after you buy do not prove the seller violated the warranty of merchantability. The buyer must show that the problem was already there at the time of the sale. A problem after the sale might not be because of a defect at the time of sale.
Dealers may offer a full or limited warranty on all or some of the car's systems or parts. Most car warranties are limited. What a limited warranty covers varies.
A full (not limited) warranty includes the following terms and conditions:
- Anyone who owns the car during the warranty period is entitled to warranty service.
- Warranty service will be provided free of charge. That includes things like removing and reinstalling a system covered by the warranty.
- You can decide whether to replace the car or get a full refund if the dealer cannot fix the car after trying a reasonable number of times.
- To get a warranty service, you must tell the dealer that the car needs a repair covered by the warranty. An exception is if the dealer can prove you must do more to qualify for warranty service.
- You only must tell the dealer that a warranty service is needed to get it unless the dealer can prove that it is reasonable for you to do more.
- Implied warranties have no time limits.
If any of the things listed above are missing or excluded, the warranty is limited. A full or limited warranty doesn’t have to cover the entire car. The dealer may say that only certain things about the car are covered.
Some parts or systems may be covered by a full warranty. Other things about the car may have only a limited warranty. The dealer must check the appropriate box on the Buyers Guide to show if the warranty is full or limited. Look for this information in the Buyer’s Guide.
The dealer must include the following information in the “Warranty” section of the Buyer’s Guide:
- What part of the repair cost the dealer pays? For example: “Dealer will pay 100 percent of the labor and 100 percent of the parts...”
- What things about the car are covered? For example, a warranty that covers the frame, body, or brake system.
- The back of the Buyers Guide lists the major systems where problems may occur.
- How long does the warranty last for each item covered? For example, “30 days or 1,000 miles, whichever comes first.”
- If there is a deductible. If there is a deductible, how much is the deductible?