Business Litigation: Express and Implied Warranties

July 07, 2023

male lawyer or counselor discussing negotiation legal case with client meeting with document contract in officeThe sea of business litigation, especially in Florida, can seem daunting. Whether you’re caught up in a contractual dispute or facing allegations related to product warranties, understanding the nuances is crucial. Let’s begin by simplifying two key terms — express and implied warranties — and explore how they come into play in business disputes.

What are Express and Implied Warranties?

An express warranty, as its name suggests, is a guarantee that is explicitly stated in writing or verbally, assuring the buyer about the quality or longevity of a product or service. For instance, a car manufacturer stating, “Our vehicles come with a 3-year warranty or 36,000 miles, whichever comes first,” is making an express warranty.

On the other hand, an implied warranty is an unwritten, unspoken guarantee that automatically comes with most consumer goods valued over a certain amount. It’s a foundational consumer protection, ensuring the purchased product will work as expected. For instance, when you buy a toaster, there’s an implied warranty that it will function as a toaster should, without you having to request it.

In Florida, the Uniform Commercial Code (UCC) governs these warranties. This code dictates that sellers must uphold their express warranties and adhere to the implied warranties of merchantability and fitness for a particular purpose.

Do You Have Legal Issues Involving Warranties?

Express and implied warranties play pivotal roles in business litigation. Understanding their complexities is crucial, but so is having a competent, experienced legal advocate by your side.

If you’re grappling with warranty-related allegations or other business litigation matters in Florida, reach out to The Law Office of Robert Eckard & Associates P.A. Our team of dedicated business litigation attorneys in Tampa, FL, specializes in representing clients dealing with express and implied warranties.

Don’t delay — contact us today. We’re ready to put our experience to work for you, ensuring you receive the robust defense you deserve.

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