the implied warranty of merchantability. The UCC allows sellers to disclaim the implied warranty of merchantability, provided the disclaimer is made conspicuously and the disclaimer explicitly uses the term "merchantability" in the disclaimer. Some states, however, have implemented the UCC so that it can not be disclaimed. Habitability An implied warranty of habitability, generally, is a warranty implied by law (in some states) that by leasing or buying a residential property, the lessor or seller is promising that the property is suitable to be lived in. The warranty of habitability can be breached if there is no heat, hot water, or other essential services. Safety issues like no smoke alarm or other fire code issues can also be considered to make a dwelling uninhabitable. In some cases, courts have ruled that the warranty also covers cracked walls, peeling paint, and leaks. If the municipality in which the property is located prohibits habitation without a certificate of occupancy, but has not issued such a certificate with respect to the property, the unlawfulness of that habitation renders the property uninhabitable as a matter of law. The breach of the implied warranty of habitability can be used to legally break a lease. If the factors have been created or are controllable by the landlord and he or she has not fixed them despite ample written notification, this situation can also be considered constructive eviction, which allows the tenant to break the lease, and may also allow the tenant to sue for damages in some jurisdictions. Disclaimer In some jurisdictions, an implied warranty in a sales contract can be expressly disclaimed by the use of specific language such as the words "as is" or "with all faults". United States In the United States, a disclaimer must be conspicuous in the contract, such as in a different kind of print or font that makes it stand out. On the other hand, express warranty, or any affirmation of fact or promise to the buyer or description of the good, oral or written, can be negated or limited only if such disclaimers are reasonable. Some jurisdictions, however, limit the ability of sellers or manufacturers to disclaim the implied warranty of merchantability or fitness, such as Massachusetts. (Massachusetts General Laws, Chapter 106: Section 2-316A). Furthermore, the warranty of habitability generally cannot be disclaimed. Contractual language can also limit the remedies available for breach of an implied warranty such