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Implied and express warranties in sales of goods

On Behalf of | Jan 28, 2016 | Business Litigation

For many businesses here in California, the sale of goods is a big part of their business operations. Sometimes, legal disputes arise for a business in relation to the sale of goods. For example, sometimes, businesses that sell goods face accusations from buyers that the goods purchased breached a warranty.

There are two main types of warranties a sold good could have on it here in California, express warranties and implied warranties

Express warranties are warranties directly stated by a seller in connection to the sale. There are a variety of different rules regarding what creates an express warranty.

Implied warranties are warranties that apply to a product without being mentioned by the seller in connection to the sale. One common type of implied warranty is an implied warranty of merchantability. Many different circumstances regarding a sale can impact what sorts of implied warranties apply to the good sold.

When it comes to cases involving alleged warranty breaches, whether they regard express warranties or implied warranties, one of the things that can be a big issue is whether the warranty breached was one that was actually present on the sold good. Experienced California business law attorneys can help businesses in the state facing allegations of breaching an express or implied warranty in relation to goods sold with looking into and gathering evidence regarding this issue and other key issues in the dispute. Given the complexity of state law regarding warranties and the major potential ramifications of warranty disputes, having the guidance of a well-qualified lawyer can be key for a business when navigating a warranty dispute.