Breach of Warranty Claims & Defenses in Florida
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We are your Breach of Warranty Claims and Defenses Lawyers in Florida
Buyers deserve to get the ownership, value, and quality that they deserve when making a purchase. Honest, hardworking sellers should not be held hostage to the unreasonable expectations of an overly demanding buyer.
Between these two straight forward tenants of business stands a warranty.
We are South Florida Breach of Warranty Lawyers.
Whether you are a buyer or seller, we can help you achieve your goals.
Under Article 2 of the Uniform Commercial Code, two types of warranties may arise upon a sale unless waived or limited. They are warranty of title and warranty of quality.
The warranty of title is covered under the UCC section 2-312. In Florida, the law requires that a seller warrant good title and rightful transfer. In addition, if a 3rd party holds a security interest, lien, or encumbrance on the goods, the buyer must be made aware of the 3rd party’s interest by way of actual notice. Actual notice means the seller took an active role in disclosing any third party claim to the buyer prior to the time the contract, or sale, was completed.
There are three types of warranty of quality:
- Express Warranty: When a seller communicates a feature that is “the basis of the bargain” without disclaimer or waiver, an express warranty may be formed.
- Implied warranty of merchant-ability: Occurs when goods are purchased from a regular merchant of such goods. Goods sold by a merchant of such goods carry an unwritten and unspoken guarantee that the goods are of average quality within the industry, adequately packaged and labeled, and are fit for their ordinary purpose at the time the transaction occurs.
- Implied Warranty of Fitness for a Particular Purpose: Arises when a seller has reason to realize the buyers particular purpose for the goods (his reason for needing the goods,) and the buyer is relying on the seller’s skill or judgment to selects goods suitable for the buyer’s purpose. An example would be if you went to a sneaker store and said, “I need basketball shoes.” If the seller recommends shoes, then he has created an implied warranty that the shoes that he selected are suitable for basketball.
All warranties are capable of being limited or waived, but each requires its own specific process for waiver or limitation to validity. In addition, even if a warranty is waived or limited, there are often still claims that may be made if the waivers or limitations are unfair or unreasonable.
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Our Florida breach of warranty defense lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
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