Breach of Warranty: Cars, Boats and Consumer Products
The law provides protection for consumers who purchase or lease products and these products cannot be fixed, do not work or cannot be fixed in a reasonable time period. This is also a requirement that the use value or safety have been significantly affected.
The Magnusson Moss Warranty Act is the starting point for almost all breach of warranty claims. This provides remedies for personal use of products when the products do not work or cannot be fixed in a a reasonable time period. It also permits remedies for violations of any state law warranty. As an example, New Jersey requires used car dealer ro provide warranties for most used cars under the New Jersey used car lemon law. The used car lemon law does nor provide for fees but the Magnusson Warranty Act does provide for fees and costs. Thus a violation of the used car lemon law would create a cause of action under federal law.
There are both express and implied warranties. An express warranty can be created by writing (certified used car warranty or new car warranty) or by actions or statements by the salesman i.e the car will not need to be repaired for 2,000 miles.
Implied warranties are created by law so as to protect consumers from products that do not work correctly. The law implies the promise or the obligation of the selling or the warrantying entity that the products works as both parties expected. Breach of warranty law is very complicated BUT is does provide for consumer friendly remedies.
Summary
Is the product for personal use or consumer use? (CONSUMER USE HAS MORE REMEDIES SUCH AS FEES AND COSTS)
Is the an express warranty? (Created by MFGR or seller)
Is there an implied warranty? (State or federal law)
Has the warranty been breached? (Use value or safety impacted)
Have repairs taken too long?
The Magnusson Moss Warranty Act is the starting point for almost all breach of warranty claims. This provides remedies for personal use of products when the products do not work or cannot be fixed in a a reasonable time period. It also permits remedies for violations of any state law warranty. As an example, New Jersey requires used car dealer ro provide warranties for most used cars under the New Jersey used car lemon law. The used car lemon law does nor provide for fees but the Magnusson Warranty Act does provide for fees and costs. Thus a violation of the used car lemon law would create a cause of action under federal law.
There are both express and implied warranties. An express warranty can be created by writing (certified used car warranty or new car warranty) or by actions or statements by the salesman i.e the car will not need to be repaired for 2,000 miles.
Implied warranties are created by law so as to protect consumers from products that do not work correctly. The law implies the promise or the obligation of the selling or the warrantying entity that the products works as both parties expected. Breach of warranty law is very complicated BUT is does provide for consumer friendly remedies.
Summary
Is the product for personal use or consumer use? (CONSUMER USE HAS MORE REMEDIES SUCH AS FEES AND COSTS)
Is the an express warranty? (Created by MFGR or seller)
Is there an implied warranty? (State or federal law)
Has the warranty been breached? (Use value or safety impacted)
Have repairs taken too long?