When a Product Just Doesn’t Work Right: Your Right to a Reliable Purchase in California
If you’ve ever bought something that didn’t work as it should—even if no one gave you a written warranty—you might still be protected under California law. One important protection is called the implied warranty of merchantability.
This legal rule means that when a business sells you a product, it’s automatically promising that the product will work the way it’s supposed to. You don’t need to sign anything for this promise to apply—it’s built into the sale.
What This Warranty Really Means
When you buy a product, it’s expected to meet a few basic standards:
It should be of average, acceptable quality for what it is.
It should work for its ordinary purpose (for example, a car should be drivable, a phone should turn on).
It should be properly packaged and labeled.
It should match any descriptions or claims made on the box or container.
This warranty applies to nearly every sale of consumer goods made by a retailer or manufacturer—unless the seller clearly and legally tells you otherwise in advance.
When Can You Take Legal Action?
If a product you bought doesn’t work the way it should, and you suffered a loss because of it, you may be able to take legal action. Here’s what you generally have to prove:
You bought the product from the business you’re now holding responsible.
That business regularly sells or makes products like the one you bought.
The product failed to meet basic expectations in at least one of these ways:
It was lower quality than what’s normally acceptable
It didn’t function for its basic use
It wasn’t packaged or labeled correctly
It didn’t match what was claimed on its packaging
You were harmed as a result—financially or otherwise.
The product’s defect was a major factor in causing that harm.
In some cases, you may also need to show that you notified the seller or manufacturer soon after discovering the issue.
What Consumers Should Know
You don’t have to prove that anyone made a specific promise to you. This warranty comes with most retail sales by default.
Even hidden defects you didn’t notice right away can still violate the warranty.
The product doesn’t have to be completely broken—just not good enough to be used for its basic function.
If a product poses a safety risk, that often supports a strong claim that it wasn’t fit for ordinary use.
A Practical Example
Imagine you buy a used car from a dealership. Not long after, it starts breaking down due to hidden engine problems that existed before the sale. If the car isn’t safe or reliable to drive—even if it technically runs—you may be able to claim it violated the implied warranty of merchantability.
Final Takeaway
This warranty is your built-in protection against buying a lemon. It ensures that what you purchase is at least good enough to use safely and normally. If a product falls short of that basic standard—and you’re left dealing with the consequences—you may have the right to seek a replacement, a refund, or other legal remedies.
About Molly Northrup
Molly Northrup plays a pivotal role at the Law Office of Daniel Horowitz, bringing unmatched depth in legal analysis, case development, and courtroom strategy. With a background in linguistics, an MBA from a top-tier international business school, and years of experience navigating complex criminal and civil litigation, Molly is a trusted legal mind clients turn to in their most critical moments.
Her work spans high-profile trials, sensitive investigations, and intricate legal disputes—where her judgment, precision, and strategic instincts have helped drive successful outcomes time and again.
If your case requires elite-level representation with a rigorous, detail-driven approach, contact the Law Office of Daniel Horowitz and benefit from the leadership of a legal team anchored by professionals like Molly and Daniel.
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