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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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