Breach of Warranty Lawsuits
If a manufacturer’s product does not live up to its warranty, you may be able to bring a breach-of-warranty or lemon-law claim.
Contact us for a free case evaluation.
Breach of Warranty Lemon Law Complications
If a warranty was broken, you may be able to sue under state or federal consumer-protection law.
A warranty is a promise that a product is as the seller stated or as the law implies, or a promise to repair or replace certain defects. Claims can include:
- Express warranty: the seller’s stated promise about quality or performance, and often how the product can be returned, replaced, or repaired.
- Implied warranty of merchantability: the product must meet ordinary quality and do what a buyer would reasonably expect.
- Implied warranty of fitness for a particular purpose: this applies when you relied on the seller to pick a product for a specific use.
Federal warranty rules are in the Magnuson-Moss Warranty Act. A company does not have to give a warranty, but if it does, the warranty must comply with the Act. The Act was meant to make consumer warranties easier to understand and enforce.
The Act provides for informal dispute-settlement procedures and lets the federal government seek an injunction. It also lets a consumer bring an individual claim or a class action in state or federal court.
You do not have to prove negligence. You do have to notify the seller of the breach, and you must have relied on the warranty.
If you bought a warranted product that was defective, and the manufacturer or seller would not honor the warranty, you may have a lemon-law or breach-of-warranty claim.
If you have a lemon-law or breach-of-warranty issue, contact Chhabra Gibbs & Herrington PLLC. There is no fee to discuss your case.
Lemon Law / Warranty Intake
A case evaluation is free. Contact the firm and we will follow up promptly.
