Appliance Warranty Disputes

In Florida, product warranties are governed by a combination of the Florida Uniform Commercial Code (UCC), specific state statutes for industries like construction and automotive, and the federal Magnuson-Moss Warranty Act.

Florida law recognizes three primary types of product warranties: 

Types of Warranties

  • Express Warranties: These are specific, written or verbal promises made by a seller or manufacturer regarding a product’s quality, safety, or performance.

  • Implied Warranty of Merchantability: This is an automatic legal guarantee that a product is fit for the general purpose for which it is sold and is of average quality.

  • Implied Warranty of Fitness for a Particular Purpose: This applies when a seller knows a consumer is purchasing a product for a specific, non-standard use and confirms the product is suitable for that purpose.

Industry-Specific Warranty Laws

  • Home Construction (Effective July 1, 2025): Florida law requires builders of newly constructed homes (including single-family and duplexes) to provide a mandatory 1-year warranty against material construction defects.

  • Motor Vehicles (Lemon Law): The Motor Vehicle Warranty Enforcement Act protects consumers who buy or lease new vehicles with substantial defects. If a vehicle cannot be repaired after a reasonable number of attempts (usually three), the manufacturer may be required to provide a refund or replacement.

  • Condominiums: Developers are required to provide specific warranties for condominium units and common elements, typically lasting 3 years for structural components and 1 year for personal property.

Key Rights and Remedies

  • Right to Repair, Replace, or Refund: If a product is defective and under warranty, the manufacturer is generally obligated to repair the item at no cost. If it cannot be repaired within a reasonable timeframe, the consumer may be entitled to a replacement or refund.

  • Strict Liability: Under Florida's product liability laws, if a defective product causes injury, the manufacturer or seller can be held strictly liable regardless of whether they were negligent.

  • Exclusions and Disclaimers: Sellers can exclude implied warranties by using conspicuous language like "as is" or "with all faults," provided the disclaimer is prominent.

Legal Action

  • Statute of Limitations: Consumers generally have 4 years from the date of injury to file a lawsuit based on a defective product. For wrongful death, the limit is 2 years.

  • Federal Oversight: The Magnuson-Moss Warranty Act provides additional protections for written warranties on consumer products, often allowing for the recovery of attorney's fees in successful breach-of-warranty lawsuits.

  • Consumer Assistance: For disputes, consumers can contact the Florida Department of Agriculture and Consumer Services or the Office of the Attorney General.