Breach of Warranty or False Guarantees

What is breach of warranty?

Quite simply, a breach of warranty is when a promise or assurance by one party to another that specific facts or conditions are true or will happen is broken. There are different kinds of warranties:

• Implied warranty – arises from the nature of the transaction and inherent understanding by the buyer; this includes the warrant of merchantability (goods must reasonably conform to an ordinary buyer’s expections) and warranty of fitness for a particular purpose (buyer relies on the seller to select goods for a specific request).
• Lifetime warranty – this usually means the warranty is good for the lifetime of the product on the market, not the lifetime of the consumer.
• Express warranty – specific promises made by the seller; this includes oral representations, written representations, descriptions of goods or services, representations in samples and models, and proof of prior quality of the goods or services.

It may be considered an unfair business practice, a type of Fraud, to attempt to avoid liability for breach of warranty. A warranty is violated when a promise is broken, when goods are not as should be expected, at the time of sale whether or not the defect is apparent.

What can I do?

If you feel you have a claim, our attorneys would like to talk to you. You may be entitled to compensation. Contact us today for a free, no-obligation legal consultation.