A written warranty may include certain written statements beyond the manufacturer's formal written warranty, such as a dealer's pre-delivery inspection form or the owner's manual. But other express promises may not be considered written warranties, such as sales puffery testimonials or perky jingles. Implied warranties Many lemon laws also provide rights concerning implied warranties. An implied warranty is invisible. It is a promise imposed by law based on public policy concerns.
Implied warranties are often broader in scope than express warranties.
For example, a car that sat on an inventory lot during spring floods may not be merchantable, because it isn't of like quality to its siblings that stayed dry. Another example occurs where the seller creates an implied warranty of fitness for the particular purpose of performing on muddy roads, even though this isn't mentioned in the manufacturer's express warranties. But for a manufacturer, as opposed to a dealer, to create an implied warranty of fitness for a particular purpose, the manufacturer, not just the dealer, must know of the buyer's particular needs. But federal law prohibits manufacturers who offer written warranties from disclaiming implied warranties. Breach of an implied warranty thus provides an alternative basis for a lemon law claim to replace a vehicle or get a refund of the purchase price.