When a consumer's implied warranty is breached by the failure of a supplier, warrantor, or service contractor to comply with its obligation under the implied warranty and pursuant to the Magnuson-Moss Warranty Act (Act), the consumer may commence an action for breach of an implied warranty. The plaintiff may seek damages and other legal and equitable relief in any court of competent jurisdiction, if the plaintiff has previously sought an informal dispute-resolution procedure, or if the defendant has been given a reasonable opportunity to cure the breach. A cause of action for breach of warranty under the Magnuson-Moss Warranty Act, is limited to claims for direct damages, thus, consequential damages and personal injuries are not recoverable under the Act. However, if a defendant violates the provision of the Act prohibiting disclaimers of implied warranties or seeks to limit the duration of implied warranty coverage in a warranty purporting to be a full warranty, the consumer may sue the defendant for personal injury for the violation under the Act. Notice, however, is not required as a condition precedent to a consumer's cause of action under the Act. Additionally, claims under the Act are limited to those for the breach of a written or implied warranty. Therefore, there is no federal remedy for breach of an oral express warranty or for a written promise that do not meet the definition of written warranties under the Act. The statute of limitations for a breach of implied warranty is four years.

A cause of action for breach of an implied warranty may have many complex issues. Therefore, you should consult an experienced West Palm Beach breach of warranty lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.