In a cause of action for implied warranty, the common-law rules for some implied warranties such as the sale of automobiles, may apply instead of the statutory provisions. For instance, the statutory provisions governing the transfer of title do not provide the exclusive method of transferring title and do not abrogate the common law regarding sales. The failure of the purchaser to obtain the title certificate at the time of the sale does not generally prevent the passage of title from the seller to the buyer, and the retention of legal title to secure payment does not preclude ownership from being transferred. Additionally, the buyer of an automobile purchasing the automobile from a licensed motor vehicle dealer has the right to believe that the dealer has the right to sell it. For example, in an action arising out of an automobile dealership's breach of the implied warranty of good title, the plaintiff was entitled to damages where the facts proved that the automobile salesman was an imposter and that the car was stolen.

Regardless of the type of contract involved in an action for breach of an implied warranty, a plaintiff should be aware of the statute of limitations. A West Palm Beach breach of implied warranty lawyer will advise a plaintiff that there is no relevant federal statute of limitations for a cause of action under the Act, therefore, the controlling time period would ordinarily be the most appropriate one provided by state law. Thus, the statute of limitations under Florida law 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.