Block Out Name Warranty For Free

A person who has been sold a defective product that is not what is promised in a warranty can file a lawsuit for breach of warranty. This is true in the case of both express and implied warranties.

Sue in Court A warranty is a contract. When your warranty company refuses to honor the terms of a warranty, you may have a claim for breach of contract. The amount allowed in small claims varies from state to state, but for most products, you can sue in small claims court.

An assurance or promise in a contract, the breach of which may give rise to a claim for damages. Although a breach of a warranty may entitle the person taking the benefit of it to a remedy for breach of contract, in finance documents, such a breach also constitutes an event of default.

When your warranty company refuses to honor the terms of a warranty, you may have a claim for breach of contract. The amount allowed in small claims varies from state to state, but for most products, you can sue in small claims court.

For example, if you tell a salesman you want a saw for cutting metal and it turns out it won't cut through metal, you may return the item under the implied warranty of fitness. With the warranty of fitness, the good or product works fine, but it does not meet the buyer's intended use.

You can sue, but there are also some steps you should take first -- doing these could inspire the warranty company to pay up. If not, document all you have done and then file a lawsuit. Sometimes lawsuits can be prevented with clear communication and a little organization.

Under Commercial Code §2725, the general limitations rule for a breach of warranty cause of action is four years from the date the goods are delivered (regardless of the date the buyer discovers the breach), unless the warranty explicitly extends to the future performance of the goods and discovery of the breach must