Breach of Warranty: What You Should Know

As a consumer, you have the right to expect the products you purchase will meet certain standards of quality and reliability. When a product fails to live up to these promises, you may be entitled to compensation under California’s breach of warranty laws. 

WHAT IS A BREACH OF WARRANTY?

A breach of warranty occurs when a seller or manufacturer fails to fulfill the terms or promises made in a warranty, which is a guarantee or assurance provided to the buyer about the quality, performance, or condition of a vehicle. 

Warranties can either be expressed or implied. 

• Express warranty – A statement, promise, or affirmation from a seller or manufacturer about a product’s quality, characteristics, or performance.
• Implied warranty – A warranty created by law rather than by explicit statement. Two of California’s implied warranties are Merchantability, and Fitness for a Particular Purpose.
  • Implied warranty of merchantability means that when a seller, who is a merchant regularly engaged in selling a particular type of goods, sells those goods, they are fit for their ordinary purpose, adequately packaged, and conform to the promises or affirmations made on the label or packaging.
  • Implied warranty of fitness for a particular purpose arises when a buyer relies on the seller’s skill or judgment to select a suitable product for a specific purpose, and the seller has reason to know about that purpose.

In California, if a product fails to meet the terms of its warranty, the consumer may be entitled to compensation, including repair of the product or reimbursement for the purchase price. 

WHEN SHOUD YOU FILE A BREACH OF WARRANTY CLAIM?

In California, four years is the most common time limit to file a breach of warranty claim, though it may be shorter or longer in some instances. Breach of warranty claims can be complex, and the specific requirements may vary depending on each case’s applicable laws and circumstances. 

If you believe you have a breach of warranty claim, make sure you understand your options. 360 Consumer Law is here to protect your rights as a consumer and help you find the best resolution possible.