If you’ve fallen victim to the broken promises made during the purchase of any product, then you’re probably already under a great deal of stress. A breach of warranty means that a manufacturer or seller failed to provide the agreed upon services in the event your product broke down. If the product is a vehicle, for example, and your vehicle breaks down while under warranty, then a quick call can usually lead to a repair. If that doesn’t happen, then you might have a breach of warranty case.
If you’ve been taken advantage of, then you’re probably concerned about the possibility you might be dragged into a long court case. Not everyone has the financial stability to afford these legal maneuvers. If you think you have a case against either a seller or manufacturer, then it’s important for you to place yourself in the experienced hands of an attorney who practices breach of warranty. You’ll be able to discuss specific details of a potential case.
One of the factors that can determine whether or not you’ll end up in court is the evidence required to prove your case.
An express warranty is voluntary on the part of either the seller or manufacturer, as the burden of proof will be placed squarely on the defense. An implied warranty is an assumed agreement at the time of sale–buy a car, and you expect it to provide transportation. Ask your lawyer if the type of warranty breach will affect your case.
Unfortunately, there’s no simple answer to the question of whether or not you’ll get stuck in a court trial for a breach of warranty case. It all depends on the finer details of your own circumstances. How large was the breach of warranty and how much did it cost you? Did the breach of warranty affect only you, or did it extend to many others?
Depending on the scale of the breach, the case might go to trial. If the scale was small, then you might be able to skate by with a small claim–and that means you can avoid trial. Some cases can go as high as the Supreme Court!