Deland, FL Breach of Warranty Lawyers

These days, most consumer products are covered by a warranty. A warranty or guarantee promises the quality or use of the product you are buying and gives you recourse if the product is defective.

Whether you suffered an injury from a defective appliance or are simply fed up with taking your product for repairs countless times, we could help. Morgan & Morgan understands how frustrating and exhausting it can be to waste precious time and money on getting a product fixed time and again. However, federal and state laws protect your rights as a consumer. You could have legal recourse if you purchased a lemon car or other defective product. 

If you want to pursue compensation from a manufacturer for a faulty product, our breach of warranty lawyers in Deland could help. Contact us now for a free, no-obligation consultation to determine whether you have a case and qualify for compensation.

What Is a Breach of Warranty?

A warranty is a guarantee by the manufacturer or seller that they will fix or replace the item if it is defective or stops working within a specific timeframe. Your first step when a product breaks is generally to give the company a chance to repair or replace the item. However, not all sellers live up to their promises and fail to honor their warranties.

According to the Legal Information Institute (LII), a breach of warranty occurs when a written or implied warranty is violated. In a breach of warranty, a seller misrepresents their product, offering false guarantees. 

Types of Warranties

Breach of warranty claims can be complex as several types of warranties could apply to your defective product. 

Express Warranty

Express warranties are claims that a seller or manufacturer makes about a product. They can be written or oral. An express warranty exists even if the words “warranty” or “guarantee” are not used to describe the product’s use or quality. Moreover, if consumers buy a product with an express written warranty, they must be able to rely on the details as laid out in the paperwork. Examples of express warranties include:

• The statement that the car you are buying is free of defects 
• The commitment by a manufacturer to repair or replace a defective product or parts of it during a specified period
• Guarantees that the product will last a specific time

It is crucial to note that oral express warranties will be valid even if the written contract states that there are no additional guarantees. However, to have a legal claim against the seller, you must prove that they made the oral statement, which can be tricky.

Implied Warranty

An implied warranty is the unwritten assurance that a product works as intended. An implied warranty exists even if the seller or manufacturer gives no specific guarantees or makes no claims about the product. An implied warranty also stands if a warranty disclaimer is printed on the product, saying no warranty exists. An implied warranty may not exist only when a seller expressly disclaims any guarantees, for example, by stating that the sale is “as is” or includes defects.

The Federal Magnuson-Moss Warranty Act Protects Consumers

The Magnuson-Moss Warranty Act of 1975 is a federal law that protects consumers from defective products. The Act establishes standards for written guarantees, limits disclaimers of implied warranties, and provides consumers with legal rights when a breach of contract occurs.  

The federal law intends to protect consumers from faulty products with a value greater than $10, such as cars, electric appliances, and others. Companies are required to provide detailed information regarding written warranties for their products so that consumers can make an informed choice when purchasing a vehicle or a device. It is important to note that the Magnuson-Moss Warranty Act only applies to goods and not to services. 

Which Products Are Covered by Magnuson-Moss?

The Act covers products typically used for household, family, or personal purposes, such as:

• Vehicles
• Mobile homes
• Air conditioning units
• Electric appliances such as stoves, refrigerators, dishwashers, microwaves, etc.
• Washing machines and dryers 
• Computers and tablets
• Phones
• TVs

According to the Magnuson-Moss Warranty Act, manufacturers and sellers of consumer products must meet the following three requirements:  

• Sellers must entitle their written warranty as “limited” or “full.”
• Warranties must be available where the product is sold.
• A warranty must provide an easy-to-understand outline of coverage. 

You Could Have a Breach of Warranty Claim 

Consumers who have, without success, tried to repair their vehicle or appliance several times could seek damages under The Magnuson-Moss Warranty Act. Breach of contract occurs if a significant product defect persists and a consumer is unable to receive a refund or replacement for the defective product. 

Moreover, if a breach of warranty caused your injury in Deland, you could pursue additional compensation under Florida law. If you win your breach of warranty case, the defendant generally has to pay for your damages and attorney’s fees.

Consider working with an experienced Deland breach of warranty lawyer at Morgan & Morgan if your breach of warranty claim involves considerable damages or is complex.  

The Elements of a Breach of Warranty Claim

To prevail in a breach of warranty claim, you and your attorney have to establish the following elements:

1. An implied or express warranty existed
2. The product did not comply with the warranty
3. The defect is substantial
4. The breach of warranty caused injury or damages

You Could Qualify for Compensation

In addition to a refund or replacement of the defective product, you could qualify for other damages if you suffered an injury due to a faulty appliance or car. If you win the lawsuit, the manufacturer or seller could be liable for all the costs and losses you sustained due to the injury, such as:

• Medical treatment
• Lost wages
• Pain and suffering
• Out-of-pocket expenses

You could also qualify for future estimated damages, such as future medical treatment and income loss. 

How a Breach of Warranty Lawyer in Deland Could Help

Proving and litigating a breach of warranty claim can be complicated and challenging. However, Morgan & Morgan’s consumer protection lawyers are experienced in dealing with sellers and manufacturers who fail to uphold their promises to consumers. Our attorneys leave no stone unturned to recover the compensation consumers deserve and can:

• Protect your rights
• File a lawsuit against a seller or manufacturer, if necessary
• Fight for maximum compensation on your behalf
• Prevent you from leaving money on the table in settlement negotiations

Going it alone against a powerful manufacturer or seller can be intimidating, and you might end up with much less than you deserve, particularly if you are pursuing a refund or compensation for a defective big-ticket item such as an RV, car, or HVAC system.  If you think you have a case against a manufacturer or seller, consider working with a skilled attorney right away. Make sure you retain the product in question and seek legal advice promptly.