consumer goods

Consumer goods are items of personal property—essentially all goods or property that are not real property (real estate)—that are purchased and used by consumers for personal use rather than by manufacturers to be incorporated into other goods. Consumer goods range from clothing to refrigerators to motor vehicles.

The sale and lease of consumer goods are governed by a patchwork of state and federal laws, including the federal Consumer Product Safety Act (CPSA); state product liability laws; and the Uniform Commercial Code (UCC) as enacted by each state in its statutes.

Express Warranties

An express warranty is any affirmation of fact or a promise made by a seller to a buyer which relates to the subject matter of the agreement and becomes a part of the basis of the bargain. It is not necessary to the creation of an express warranty that the seller use formal words such as warrant or guarantee or that the seller have a specific intention to make a warranty.

The elements of a claim for breach of express warranty for services are (1) the defendant sold services to the plaintiff; (2) the defendant made a representation to the plaintiff about the characteristics or quality of the services by affirmation of fact, by promise, or by description; (3) the representation became part of the basis of the bargain; (4) the defendant breached the warranty; (5) the plaintiff notified the defendant of the breach; and (6) the plaintiff suffered injury.

Privity (a direct relationship between the parties) is not required where the defendant furnishes samples to a middleman or makes a transferable express warranty knowing the samples or warranty will likely be submitted to the ultimate buyer.

Implied Warranties

Many states have laws that provide for implied warranties made by sellers (known as merchants) in sales of goods. These implied warranties are designed to protect buyers of goods whether or not there is a written warranty for the goods, and whether the goods are new or used.

Implied Warranty of Merchantability

Implied warranties generally provide assurances or promises that the goods are fit for their intended purpose and that the goods are merchantable—meaning they conform to or meet an ordinary buyer’s expectations. This implied warranty is known as the implied warranty of merchantability.

In some states this implied warranty of merchantability may be disclaimed by a seller or merchant when the goods are sold with the disclaimer that they are sold “as is” or “with all faults.” But in some states this warranty cannot be disclaimed—at least not in the sale of new goods.

Implied Warranty of Fitness

The implied warranty of fitness—also known as the implied warranty of fitness for a particular purpose or the implied warranty of fitness for a specific purpose—means a product is guaranteed to be fit for a specific purpose or use, as stated or recommended by the merchant’s salesperson or other representative.

Implied Warranty Against Infringement of Intellectual Property

Some state laws include an implied warranty against infringement of a third-party’s intellectual property. This means that if a merchant sells a product that infringes another person or entity’s intellectual property (patent, copyright, or trademark), they seller that sold the infringing goods must indemnify or protect the buyer against any infringement claim by the owner of the intellectual property.

Where to Find Warranty Laws

Warranties in the sale of goods are usually located in a state’s statutes—often in the state’s adopted version of Article 2 of the Uniform Commercial Code (UCC).

State Statutes for the State of Texas


WRONGFUL SEQUESTRATION OF CONSUMER GOODS. (a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession (c) In this section, "consumer goods" has the meaning assigned by the Business & Commerce Code.


A person who sells consumer goods or services through the use of a telephone solicitor may not make or (A) the consumer may receive a full refund for returning undamaged and unused goods or canceling services the goods or services; and the consumer; or (2) provides to the consumer a written contract fully describing the goods or services being offered


Until a merchant has complied with this chapter, a consumer with possession of goods or the right or (b) The consumer is not obligated to tender goods at a place other than the consumer's residence. (d) Goods or real property in possession of the consumer are at the risk of the merchant, except that the consumer shall take reasonable care of the goods or the real property both before and for a reasonable goods, services, or real property, fail to inform the consumer orally of the right to cancel the transaction


(C) the goods are not consumer goods immediately before delivery; (24) "Consumer-goods transaction" means a consumer transaction in which: The term includes consumer-goods transactions. (33) "Equipment" means goods other than inventory, farm products, or consumer goods. transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief

Federal Statutes

§ 1451. Congressional declaration of policy

Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.

§ 3013. Board of Directors

goods, (C) low-income cooperatives, (D) consumer services, and (E) all other eligible cooperatives. goods, (C) low-income cooperatives, (D) consumer services, and (E) all other eligible cooperatives. following classes of cooperatives: (i) housing cooperatives, (ii) low-income cooperatives, and (iii) consumer goods and services cooperatives. goods and services cooperatives.

§ 5517. Limitations on authorities of the Bureau; preservation of authorities

subparagraph (B), subparagraph (A) shall apply with respect to a merchant, retailer, or seller of nonfinancial goods or services that is not engaged significantly in offering or providing consumer financial products or extended, or the collection of debt arising from such extension, directly by a merchant or retailer to a consumer exclusively for the purpose of enabling that consumer to purchase nonfinancial goods or services directly

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