Breach of Warranty in New York
Warranties are promises made by a seller to a buyer regarding the quality, condition, or performance of a product or service. When a warranty is not fulfilled, it can lead to legal disputes. In New York, there are three main types of warranty breaches: Breach of Express Warranty, Breach of Implied Warranty of Merchantability, and Breach of Implied Warranty of Fitness for a Particular Purpose. At The Law Offices of Zachary A. Westenhoefer, we have extensive experience handling breach of warranty cases in New York.
Understanding the Types of Warranty Breaches
- Breach of Express Warranty. This type of warranty is explicitly stated in the contract or during the sale. When the product or service does not meet the specific promises made, it constitutes a breach of an express warranty.
- Breach of Implied Warranty of Merchantability. In New York, there is an implied warranty that products sold will be fit for their ordinary purposes. If a product lacks this basic level of quality, it breaches the implied warranty of merchantability.
- Breach of Implied Warranty of Fitness for a Particular Purpose. When a seller knows or should know that a buyer has a specific purpose in mind for a product and relies on the seller's expertise or recommendation, an implied warranty of fitness for that particular purpose arises. If the product fails to meet this purpose, it's a breach.
Key Components of a Breach of Warranty Claim
- Existence of a Warranty. There must be a warranty in place, either express or implied.
- Breach. It must be demonstrated that the product or service did not meet the warranty's promises or implied expectations.
- Notice. The buyer must typically notify the seller of the breach within a reasonable time.
- Damages. The breach must result in harm or financial losses to the buyer.
Common Scenarios of Breach of Warranty
- Defective Products. Products with inherent flaws or issues that were not disclosed.
- Misrepresentation. Promises made about a product's quality or performance that are not fulfilled.
- Inadequate Repairs. When service providers fail to adequately repair or maintain products.
Protecting Your Rights
If you suspect a breach of warranty in New York, it's crucial to seek legal counsel. We can assist you by:
- Evaluating Your Case. We'll assess the warranty, product, or service in question to determine if a breach has occurred.
- Quantifying Damages. We'll work to quantify the financial impact of the breach, including any repair or replacement costs.
- Advocating for Your Interests. We'll pursue resolution through negotiation or litigation in New York courts, depending on the most suitable approach.
Our goal is to uphold your rights as a buyer and hold the responsible party accountable for their warranty breach. If you believe a warranty has been breached in New York, Breach of Warranty in New York">contact us for skilled legal guidance.
