Question 1

What is an express warranty in Florida?

Accepted Answer

Express warranty: a specific promise, affirmation, or description made by the seller or manufacturer about the quality, condition, or performance of a product. FL (UCC Section 672.313): an express warranty is created by: an affirmation of fact or promise (a statement that the product will: perform in a certain way or meet certain standards), a description of the goods (a specification that the product must: match), or a sample or model (the product must: conform to the sample or model). The warranty: does not require the word "warranty" or "guarantee" and does not require the seller to intend to create a warranty.

Question 2

How is an express warranty enforced in Florida?

Accepted Answer

FL enforcement: the buyer must prove: the warranty existed (the seller made an affirmation, description, or provided a sample), the warranty was part of the basis of the bargain (the buyer relied on the warranty in making the purchase decision), and the product failed to conform to the warranty (the product did not perform as promised). Remedies (Section 672.714): damages (the difference between the value of the goods as warranted and the value as delivered), incidental damages (expenses incurred as a result of the breach), consequential damages (losses resulting from the breach: property damage, personal injury, and lost profits), and revocation of acceptance (the buyer can return the product and receive a refund).

Question 3

What is the statute of limitations for express warranty claims in Florida?

Accepted Answer

FL statute: 4 years from the date of delivery (Section 672.725: the cause of action accrues when the breach occurs, regardless of when the buyer discovers it). Exception: if the warranty expressly guarantees performance for a specific period (e.g., "this roof is warranted for 20 years"): the cause of action accrues when the buyer discovers or should have discovered the breach, but no later than: one year after the warranty period expires. The parties: can reduce the period to not less than one year by agreement (they cannot extend it beyond 4 years). Products liability: claims based on strict liability or negligence: may have different statutes of limitations.

Express Warranty Product Manufacturer Promise

FL Express Warranty

What Creates It

Enforcement

Statute

Related Terms

Barnes Walker Contract Law

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