What Constitutes a Breach of Warranty?

A warranty is either an express or implied representation about the quality or fitness of a given consumer product. When a warranty is breached, it usually occurs under the following circumstances:

• A specific promise made by a seller or producer of a product is not honored
• When a product is defective or in an unsafe condition at the time of the sale, whether or not the defect is apparent
• When a product does not live up to the representations made by the seller or manufacturer

A prime example of a breach of warranty is where a consumer purchases an item that he or she discovers later on to be broken or have missing parts before the item was removed from its packaging. This constitutes a defective product and can be returned to the seller for a full refund or replacement, even if the seller claims to not accept returns. Another example of a breach of warranty is a product such as an automobile part failure requiring recall, and the respective manufacturer refusing to honor its warranty to repair the issue without cost to the consumer.

Regardless of the circumstances, it is important to consult with an attorney who is skilled in defending corporate clients against warranty claims. Specifically, business litigation attorney Peter Mavrick has nearly two decades of experience in the following types of warranty cases:

• Uniform Commercial Code claims
• Breach of implied or express warranties
• Magnuson-Moss Act violations

Given the complex nature of breach of warranty cases, it is imperative to have a seasoned business litigation attorney on your side.