Breach of Warranty Lawsuit

A warranty is a promise that a product is as the seller has factually stated or legally implied, or a promise by the seller to repair or replace certain defects. Consumer Breach of Warranty lawsuits can include claims for:

• Breach of Express warranty: An express warranty is a seller’s stated guarantee that specifies the extent to which the quality or performance of the product is assured. The warranty may also state the conditions under which the product can be returned, replaced or repaired.
• Implied warranty of merchantability: An implied warranty of merchantability mandates that a product meets minimum quality specifications such that it reasonably conforms to an ordinary buyer’s expectations.
• Implied warranty of fitness for a particular purpose: An implied warranty of fitness occurs when a buyer relies upon a seller to select a product to fit a specific request.

Consumer warranty issues are covered under a federal law called the Magnuson-Moss Warranty Act, which was enacted 40 years ago in response to the extensive misuse of warranties and disclaimers. The Act was intended to make warranties on consumer products easier to understand and enforce. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Warranty Act.

The Magnuson-Moss Warranty Act outlines informal dispute-settlement procedures and gives the federal government the authority to take injunctive action. It also allows a consumer who has been the victim of a breach of warranty to bring individual claim, including a class action lawsuit, in state or federal court.

In Breach of Warranty claims, proof of negligence is not a prerequisite for filing for a lawsuit. However, a buyer is required to notify the seller of the breach if they expect the seller to be held accountable for their acts. The buyer must have depended on the warranty as well.