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Questions about Implied Warranty

By definition, an Implied Warranty is a legal contract law term which stipulates certain promises or guarantees whenever a product or real estate property passes from the seller to the buyer, or in the case of a house which is rented out by the owner to the renter. The warranty may be given orally or in writing. The various types of implied warranty are those of fitness and merchantability of products for a particular purpose, an Implied Warranty of skilled labor quality for services rendered, and an Implied Warranty of habitability for a home. Listed below are a few questions answered by the Experts on issues related to implied warranty.

Would there be an Implied Warranty on electrical systems which have been wrongly wired in a newly constructed house in the state of Illinois?

The Implied Warranty will only cover any possible defects in the wiring and will not cover work done negligently. However, if negligence can be proved, that can be sued for as a construction defect 4 years from the date of discovery of the negligence with a 10 year Statute of Repose, which means that it has to be filed within 10 years of the construction having taken place.

What is a house-owner’s liability in Florida where the tenants have complained about a minimal amount of water which appears on the bathroom floor of the rented property after heavy rains?

Usually, such problems fall under the category of the Implied Warranty of Habitability. However, in this case, since the water is minimal it is unlikely that the owner could be held liable to the extent that he or she can be sued over the issue. It is advisable for the owner to take pictures when the problem occurs as a safeguard to show evidence to a court or judge if necessary.

What can a tenant in Florida do if the landlord does not have an air-conditioning unit repaired properly in the peak of summer, even after a technician has attended to it on two separate occasions?

A tenant is protected by the Implied Warranty of Habitability which states among other things that the tenant has a right to the “safe, healthy, peaceful and quiet enjoyment of the rented premises” which seems to have been violated here. The tenant will have the right to terminate the lease and claim damages which would include all expenses relating to moving and also the reimbursement or readjustment of the rent due to the uninhabitable conditions of the house. The tenant can also seek reimbursement of expenses for living elsewhere till the problem is resolved.

What should a lessee of a new Chevrolet Equinox which has sprung a leak on the underside near the muffler due to rust, do? The manufacturer claims that this is a normal problem. What are the lessee’s legal options?

If it is found that the seller has sold defective goods and unfit for their usual purpose, the buyer may sue under the Warranty of Merchantability which is a part of The Uniform Commercial Code (UCC), adopted by most states. Thus, a buyer can sue a seller for breaching the implied warranty by selling goods unfit for their ordinary purpose. In this case, the buyer can sue the dealer for breach of contract and against Chevrolet for breach of Implied Warranty since it is a new car which has hardly been used but is found to have rusted parts.

Thirty days after purchasing a semi-truck, on which there is an Implied Warranty, there were engine problems and resulting repairs cost $22,000 of which $10,000 was reimbursed by the dealer. Can the dealer be held liable for the balance $12,000?

If the dealer has indeed paid $10,000 towards the repairs, it is evident that the dealer is liable and the buyer can claim the balance. If the dealer refuses, he or she can be sued but the Burden of Proof will rest on the buyer to show that the engine did not have problems because of the buyer’s fault.

Since an Implied Warranty is a legal term which covers purchases of products, services rendered and living conditions, a buyer, lessee or tenant may not be aware of his or her rights when problems arise. In such instances, it is better to ask Legal Experts and get questions answered rather than being in doubt.
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Recent Implied Warranty Questions

  • I purchased an RV from Camping World Alabama. I am currently

    I purchased an RV from Camping World Alabama. I am currently having many issues with the RV, one of them that the headlights almost do not illuminate the road, which makes it hazardous to drive after sunset.
    I took the RV to a different shop and they say the problem might be that the wire going to the headlight and other systems might have been incorrectly wired, and thus not enough power is going to the headlights, the door step, etc.
    The RV has a repair title, and was sold AS-IS. Camping World told me all their used RV's are sold AS-IS.
    Below is an email from the Sales Person.
    " I’d like to address a few things. We are only able to go by what the previous owner told us about the damage and repairs to the coach. According to them, it was professionally addressed and there are no residual concerns. You are of course welcome to have it inspected locally at a service provider of your choice at your expense. Unfortunately, our company does not provide warranties on ANY used RV. This has nothing to do with this particular coach.
    As a note, there are a few minor scrapes on that front corner that occurred after the repairs.
    As per our normal policy, we do a 6.5 hr coach (not chassis) inspection to ensure the proper operation of main systems."
    I based my purchase decision and flew out of Idaho to Alabama because I was told the RV was professionally repaired, and underwent a 6.5 hour inspection to ensure all proper operations of main systems." I would consider headlights would be a real important system to check before the RV was sold.
    The Camping World refuses to do repairs unless I pay for them. Do I have any rights here to put some type of pressure on them to take care of the repairs.
  • I moved into an apartment Jan.2014. When looking at the unit

    I moved into an apartment Jan.2014. When looking at the unit I noticed the bathroom floor had water on it and the shower head was dripping. I told the leasing agent who told me she would notify maintenance asap and assured me that if I paid a holding fee so I wouldn't have to move during the holidays that by move in the shower would be fixed. Well it wasn't. The water sat there for a month or better and the shower head got worse and almost flooded the floor daily.(stand-up shower with curtain no door) I called and begged them for 6 months to come fix it and to look at the floor because mold and mildew was becoming an issue. I have respiratory issues and it was hard for me to breathe. Recently they came and sprayed like mold be gone on the baseboards and laid new linoleum down but it still is hard to breath and a strong odor. They wont have it tested for toxic mold even though thick black mold grows in and on and around the basebords and the shower. Thats not my only issue with this place sadly. I also pay them 600 for my rent and all utilities including water and electric but they failed to reinstate their electric contract even thought the electric company sent many letters so due to that i was without electricity for about 4 days. And then a month later due to a water heating issue i was without hot water for a week, there's mice in the unit, and recently I had no water period for over 24 hours. This is all happened in 6 months. Haven't they breached the contract? can't i get out of this lease? how do i go about doing so without penalty on myself.
  • I live in Las Vegas, Nevada. I have been renting a townhouse

    I live in Las Vegas, Nevada. I have been renting a townhouse for 6 months, with a year lease. I have bought a house and am moving in August. I gave a 30 day notice to the Atlas Group which is the leasing agency. In the mean time, the backyard keeps flooding due to the destruction of the irrigation system in the common area by the kids in the neighborhood. The first time this occurred, I called the leasing agent and it took her 3 days to respond. After she received the letter of my 30 days intent to vacate, I got a response the next day. The backyard has flooded 3 times since. The last time was 7/19/2014. I called her twice and texted the pictures I took, but received no reponse. On 7/20/2014 I had the answering service call her at 5am and then I got ahold of her. The backyard was completely underwater by this time. Her answer to the question of why my phone calls were not returned, was that she was at a pool party and did not check her phone. I will be breaking my lease, what rights do
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