What is a breach of warranty?

Generally, a warranty is a representation made by the manufacturer or the seller regarding the quality or condition of the goods. A breach of warranty occurs when the goods don't comply with the standards stapled in the warranty.

However, a breach can happen when goods are under implied warranty - unwritten and unspoken promises automatically included in some contracts, regardless of whether they were explicitly stated. Some common examples of implied warranties are:

• Merchantability warranty implies that the sold goods can fulfill their everyday purpose and meet a basic quality level.

• Compliance with a particular purpose warranty suggests that the products are appropriate for a specific purpose shared with the seller before the sale.
• Title warranty expresses that the seller has the right to sell the goods and that the customer will receive a good title.
• Warranty against hidden defects declares that the commercialized goods are free from hidden defects that would make them unsuitable for their intended purpose.

Legal solutions available for breach of warranty cases

Consumers have the legal right to recourse in Florida to seek solutions for repair, replacement, refund, or compensation for damages resulting from the breach. In a breach of warranty, buyers need to document the violation, notify the seller or manufacturer as soon as possible, and seek legal advice from an attorney versed in Florida laws who can advise them of their legal options while protecting their rights. An expert lawyer can take the necessary steps to override available common defenses in Florida:

• Warranty Disclaimer: explicitly excluded or limited warranty in a written contract would release manufacturers or sellers from liability for breach of warranty.
• Failure to give notice: producers or sellers could argue that the consumer didn't provide them notice of the breach within a reasonable time after discovering the defect.
• Latent defect: manufacturers often argue the fault wasn't discoverable and that they didn't have knowledge of the defect.
• No causal connection: sellers or producers can claim that harm wasn't caused by the breach of warranty but by some other cause.
• Limitation of damages: it's a common argument that the warranty limits the damages the buyer claims.
• Statute of limitations: If the consumer files a claim after expiration, there will not be a successful lawsuit. The statute of limitations for a breach of implied warranty is four years from the delivery of the goods.