District Of Columbia § 28:2A-212 - Implied warranty of merchantability.
Full text of District Of Columbia D.C. Code § 28:2A-212 — Implied warranty of merchantability., with citation guidance and answers to common questions.
§ 28:2A-212. Implied warranty of merchantability.
28:2A-212Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
Goods to be merchantable must:
Pass without objection in the trade under the description in the lease agreement;
In the case of fungible goods, be of fair average quality within the description;
Be fit for the ordinary purposes for which goods of that type are used;
Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;
Be adequately contained, packaged, and labeled as the lease agreement may require; and
Conform to any promises or affirmations of fact made on the container or label.
Other implied warranties may arise from course of dealing or usage of trade.
Annotations
“Usage of trade”. Section 1-205.
“Merchant”. Section 2-104(1).
“Lessor”. Section 2A-103(1)(p).
“Lease contract”. Section 2A-103(1)(l).
“Lease agreement”. Section 2A-103(1)(k).
“Goods”. Section 2A-103(1)(h).
“Fungible”. Section 1-201(17).
“Finance lease”. Section 2A-103(1)(g).
“Course of dealing”. Section 1-205.
“Conforming”. Section 2A-103(1)(d).
Revised to reflect leasing practices and terminology. E.g., Glenn Dick Equip. Co. v. Galey Constr., Inc., 97 Idaho 216, 225, 541 P.2d 1184, 1193 (1975) (implied warranty of merchantability (Article 2) extends to lease transactions).
Section 2-314.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-212
What does D.C. Code § 28:2A-212 cover?
Section 28:2A-212 ("Implied warranty of merchantability.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2A-212?
A common citation format is "D.C. Code § 28:2A-212" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2A-212 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.