Frequently Asked Questions
Which states do not allow items to be sold 'as-is'?
The sale of items 'as-is' is a practice where a seller disclaims an implied warranty, indicating that the item is sold in its current condition, with all existing faults and defects. However, not all states in the U.S. permit this practice. According to state laws, the following states don’t allow items to be sold 'as-is': Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and The District of Columbia. These states have laws in place to protect consumers from potential seller fraud and to ensure that products sold are free of defects and functional. This is often enforced through statutory warranties, express warranties, and implied warranties of merchantability and fitness. These warranties are designed to hold sellers or manufacturers accountable for the condition and performance of a product, requiring them to replace, repair, or buy back a defective product. In addition to state laws, federal regulations like the Magnuson-Moss Warranty Act also play a crucial role in defining the boundaries of express warranties and the requirements for maintaining warranty coverage. This Act also allows buyers to sue sellers and manufacturers of consumer goods in breach of warranty cases.
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