Where Can I Find Lawyers Who Handle Breach of Warranty in Big Pine Key, Florida?

Breach of warranty represents a legal principle that holds a retailer, distributor, and/or manufacturer legally accountable for failing to meet the quality and performance standards listed in a product warranty. Warranties typically run one year, particularly for high-ticket items such as appliances and motor vehicles. The two most common types of warranties, which are express and implied warranties, fall under the guidelines established by the Uniform Commercial Code (UCC).

Creating an Express Warranty

Consumers have several ways to create an express warranty. First, you can confirm the manufacturer’s promise that the product sold to you works as described in the owner’s operating manual. Second, an express warranty describes the products sold to a consumer, which allows the consumer to match the description of the product sold to using the actual product. Third, a manufacturer provides a consumer with a sample of a product and the consumer expects the same features and performance when buying the real product.

Although an express warranty can be either oral or written, we recommend insisting on a written express warranty to have physical evidence of the promises made by the manufacturer. Consumers have a much more difficult time proving the existence of a verbal express warranty. The most common type of express warranty is part of a product’s instruction manual that comes with the product purchased by a consumer. Some manufacturers require customers to register their products on a company website before an express warranty goes into effect.

Creating an Implied Warranty

According to UCC guidelines, products and the packaging of products must meet certain minimum standards of quality. An implied warranty of merchantability takes effect when a manufacturer meets all of the product quality standards listed by the UCC.

An implied warranty of fitness must include a buyer having to rely on the individual or the business selling a product to meet all the expectations that are associated with the performance of a product. For example, you communicate with a manufacturer that you want a riding lawnmower to meet certain performance standards. If the manufacturer does not meet the performance standards, the manufacturer has committed a breach of implied warranty. 

Also referred to as the Federal Lemon Law, the Magnuson-Moss Warranty Act (MMWA) of 1975 represented a reaction at the time to the widespread exploitation of warranties by businesses operating in the United States. The MMWA enforces warranty statutes that permit a consumer to file a civil lawsuit against a manufacturer for failing to meet its legal obligations concerning the performance of one or more products. One important note for consumers concerning the MMWA is the federal law does not require manufacturers to create warranties. However, the MMWA requires manufacturers to follow the terms written into a warranty that they create. 

The MMWA requires manufacturers to present the terms and conditions of a warranty using clear, easy-to-understand language. If a manufacturer has created a warranty that uses vague or confusing language, you should not sign the warranty under any circumstances. Warranties also cannot include what is called “tie-in-sales” stipulations which require consumers to purchase other products in addition to the product sold under a warranty. If you agree to a full warranty, the MMWA requires manufacturers to repair a defective product within a reasonable period. Manufacturers also must provide customers with a full refund or replace a faulty product for free if they cannot repair a defective product.

Learn more about the MMWA by meeting with one of the Big Pine Key, FL breach of warranty lawyers at Morgan & Morgan.

You should consider several factors before you hire one of the best Big Pine Key, FL breach of warranty lawyers.

Experience

An experienced breach of warranty attorney from Morgan & Morgan can help you go up against a large, powerful corporation that is represented by a team of lawyers. Our team of litigators that handle breach of warranty cases possesses a thorough understanding of the Magnuson-Moss Warranty Act, as well as the limited number of protections offered by Florida lemon laws. We know the type of evidence to collect that proves a manufacturer breached an express or an implied warranty.

Persuasive Negotiation Skills

A skilled negotiator can reach a settlement with a manufacturer that has breached a warranty. Negotiating a settlement saves you time and money by preventing your case from going to the trial phase of the litigation process. The goal of your attorney is to get you a full refund or the replacement for the defective product sold to you by the manufacturer, whether it happens in court or at a negotiating table.

Responsive Communication

The best Big Pine Key, FL breach of warranty lawyers keep their clients updated on the latest developments of their cases. Not hearing back from an attorney for days at a time can generate an incredible amount of frustration. Your breach of warranty attorney should promptly return emails, phone calls, and text messages.

Positive Online Reviews

Reading the online reviews left by a law firm’s clients can help you gain insight into the litigation skills possessed by the lawyers representing the law firm. Morgan & Morgan receives highly favorable reviews from our clients, as well as has earned the highest reputation rating of A+ from the Better Business Bureau (BBB).

The legal fees provision written into the Magnuson-Moss Warranty Act requires manufacturers to cover the costs associated with the legal representation provided by the Big Pine Key, FL breach of warranty lawyers at Morgan & Morgan. This means you do not have to pay any upfront legal fees to litigate your case.

Schedule a free case evaluation today to determine if you have enough evidence to file a breach of warranty lawsuit against a manufacturer that sold you a defective product.