Breach of Warranty

We handle cases where a manufacturer or retailer fails to honor the warranty terms for their consumer products. Generally, there are two types of warranties, an express warranty and the implied warranty of merchantability, and there are federal and state laws that permit you to sue when these warranties are breached.

Magnuson-Moss Warranty Act

This is a federal statute that requires that each warranty, within the scope of the Act, be disclosed before the sale, clearly and conspicuously, in easily understood language, and includes, among other things, the following information:

  • A designation in the caption of the warranty whether it is “full” or “limited”
  • If it is full warranty, the warranty must, among other things:

1. Not restrict the warranty rights of a subsequent owner during its stated duration.

2. Not limit the duration of any implied warranty.

3. Only require the consumer to notify the warrantor of the defect.

4. Allow the consumer to get a refund or replacement when the warrantor is unable to remedy the defects after a certain number of attempts.promise to remedy defects within a reasonable time for free

  • who can enforce the warranty,
  • the duration of the warranty,
  • the warrantor’s obligations under the warranty,
  • the consumers’ duties under the warranty.
  • the duration of the warranty,

When the warrantor fails to abide by the terms of the warranty, the Magnuson-Moss Warranty Act permits the consumer to sue the warrantor, and obtain damages, attorneys’ fees, and costs.