Joe's Auto Sales asked Cindy to test drive a used car she was considering for purchasing. Cindy purchased the auto without a test drive or inspection. As soon as Cindy drove away from Joe's in the car she noticed that the transmission shifted very roughly. Cindy asserts a breach of the implied warranty of merchantability. Is Cindy correct in her assertion?

Group of answer choices

No, since Joe's Auto had asked Cindy to test drive, implied warranty was excluded

No, since Cindy did not test drive/inspect the auto, warranty did not exist

Yes, since Joe's Auto Sales is a merchant

Yes, since the auto has an obvious defect