Just slip out the back, Jack. Make a new plan, Stan. You don’t need to be coy, Roy
– 50 Ways to Leave Your Lover by Paul Simon, singer-songwriter
I hope with this post to help educate those of you that take the time to read it (Thank you!), avoid warranty coverage denials and misunderstandings.
It is often quite difficult after a sale to hold Goliath merchants responsible when products fail to perform as promised and warranty coverage doesn’t help repair the product, or doesn’t apply to the repair required.
There are laws in every state that provide warranty protections to a consumer or business when buying used or new goods.
The federal Magnuson-Moss Warranty Act (Act), only applies to consumer products, which are defined as personal property distributed in commerce for personal, family, or household purposes. The Act allows a consumer to seek recovery of attorney fees and for loss incurred by a breach of warranty. The Act also limits warranty disclaimers.
Understanding and interpreting rights under a warranty and applicable laws can be a challenge, given that most warranties are written with a myriad of exclusions hidden in the small print. The undersized font in many written warranties require a magnifying glass to facilitate reading the terms. But even more problematic is that warranties aren’t provided prior to or at time of sale, forcing buyers to rely on verbal representations made prior to and during the sale that later can’t be found in the written warranty.
Know this: the Magnuson-Moss Warranty Act mandates that a warranty be made available prior to sale.
So the takeaway is this: Do not rely solely on warranty representations made during a sale. Always ask to receive a written warranty prior to a sale, and ask to be shown or given in writing the verbally represented warranty coverage, and take the time to READ IT! Following these simple instructions, could save you major headache and money later.
If you have any breach of warranty questions, contact our office at (520) 282-4801. Even if we cannot assist, we will do our best to direct you to find help to address your concern.
The information provided does not, and is not intended to, constitute legal advice; all information is for general informational purposes only. This information may not constitute the most up-to-date information. The links provided are only for the convenience of the reader. A. Ferraris Law, PLLC, and its members do not endorse the contents of third-party references.
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