Short answer. Yes. Article 1562 of the Civil Code implies a warranty that goods are reasonably fit for the particular purpose you made known to the seller, if it appears you relied on the seller's skill or judgment in choosing them. A separate implied warranty covers merchantable quality when you buy by description from a dealer.

What the law says

Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose

Civil Code, Article 1562 — Implied Warranty of Fitness and Merchantability. Read the full provision →

Two conditions have to be present together

Article 1562 does not create a warranty of fitness for every sale — it applies where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment. Both elements matter: you have to have communicated your purpose, and it has to appear you were relying on the seller's expertise in selecting or recommending the goods, rather than simply picking something off a shelf on your own judgment.

What the warranty actually promises

Once those conditions are met, the law implies that the goods shall be reasonably fit for such purpose — reasonably fit, not perfect or guaranteed to succeed in every respect. The article makes clear this applies whether he be the grower or manufacturer or not, so it is not limited to sellers who made the goods themselves; it can apply to any seller you told your purpose to and whose judgment you were relying on.

A separate warranty when you buy by description

The same article also covers a different scenario: where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. This one does not require that you told the seller a particular purpose — it applies simply because you bought by description from a dealer in that kind of goods, and it protects against goods that are not of merchantable, sellable quality.

Making your fitness-for-purpose claim clear

Because this warranty depends on what you actually told the seller, put yourself in a position to show it: messages, order forms, or notes recording that you stated your purpose and that the seller responded with a recommendation. The more clearly the record shows you disclosed your purpose and relied on what the seller suggested, the more solidly your complaint fits within what Article 1562 protects, rather than reading as ordinary buyer's remorse.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.