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:
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. If you purchased a warrantied product that proved to be damaged or defective, and the manufacturer or merchant has failed to uphold the warranty, you may have a lemon law case.
Contact the Law Offices of Chhabra & Gibbs Today
If you have a lemon law or breach of warranty issue, contact Chhabra Gibbs & Herrington PLLC. We can assist with your case. There is no fee to discuss your case with us.