A breach of warranty refers to a broken promise (a warranty), about a specific product (a new car), made by either the manufacturer or the seller of that product. A breach of warranty provides consumer protection for cars who do not qualify under the lemon law* but experience related problems which are covered by their manufacturers/authorized dealers warranty. A skilled lemon law lawyer will be able to help you seek more repairs, a refund or even a replacement for your vehicle. *These cars do not qualify as a lemon because it is past the one year period for lemon law cases or the purchasers bought a used car.
What is a warranty?
A warranty is a seller’s promise to stand behind their product. It’s a promise from the manufacturer and/or seller that they commit to correct problems when their product fails. If the product is under warranty, the manufacturer/seller is obligated to fix the product back to its original state at no cost to the consumer. There are two kinds of warranties; express and implied.
An express warranty is a form of warranty that is made voluntary bt the manufacturer/seller of the product. IT’s their commitment and promise to fix and remedy and defects of malfunctions. They come in a variety of forms such as advertising claims to even written documents and certificates. Implied warranties can also be oral. It’s important to note that oral warranties are not covered under the Magnuson-Moss Warranty Act (see below), which is why we recommend having all warranties written down for your own protection. Implied Warranties An implied warranty is created by state law. There are two types of implied warranties:
- Implied Warranty of Merchantability: This refers to the basic premise that a manufacturer’s goods do what they are intended to do and that there’s nothing significantly wrong with them. The law states that this is a promise a manufacturer/seller makes everytime they sell a product. For example, if you purchased a toaster you expect the toaster to create toast. If the toaster doesn’t work then the implied warranty of merchantability would be breached.
- Implied Warranty Of Fitness For A Particular Purpose: This law refers to sellers/authorized dealers and states that customers often rely on your advice that a product is used for a specific purpose. For example, a couple is looking to buy exterior paint and asks the sales person to point out suitable products. The seller must point out a product that fits the particular purpose. If the salesperson sells them non-outdoor paint, then a breach of warranty of fitness for a particular purpose has occurred.
What is the Magnuson-Moss Warranty Act? How Does It Protect from Breach of Warranty?
The Magnuson-Moss Warranty Act was passed by Congress in 1975 and governs consumer product warranties. It mandates that manufacturers and sellers of consumer products give detailed information about the warranty and what parts of the product it covers. It’s purpose to protect consumers as well as protect the warrantors. It says that warranties must be fully disclosed and in simple easy to understand language. It also states that any ambiguous terms of the warranty are ruled against the manufacturer/seller.
What if my car isn’t under warranty anymore?
The first step is to indicate the problems that you were having with your car began while the car was still under warranty. The age of your vehicle does not matter, as long as we can show that manufacturer/authorized dealer was unable to repair the defects in a reasonable period of time.
What is the defect comes and goes?
Breach of warranty laws cover conditions that come and go or appear on an intermittent basis. Many dealerships will claim that they can’t reproduce the sound or condition that was appearing and therefore there’s nothing wrong with the car. It is not your fault that the dealership will not spend extra time diagnosing or finding hard to fix problems. As long as you report the issue to the dealership and it’s documented it counts as a repair attempt.
Contact Our Lemon Law Attorneys
Similar to how lemon law cases are handled in Pennslyvania, the federal warranty laws mandate that the manufacturers pay all of the plaintiff’s legal fees and court costs. There is absolutely no risk in pursuing breach of warranty case. If you would like us to review your situation then please free to contact our lemon law attorneys for a free consultation. We will help you get