If you go to a store, the merchant must make written warranties available at the point of sale (in the store), including the terms and conditions, like how long the warranty lasts. If you buy the product and later on you believe the warranty has been breached—for example, you bought a television with a six-month warranty that breaks the day after the purchase, but the warrantor fails to make the necessary repairs or replace the defective product—you might want to think about filing a lawsuit. However, after the statute of limitations expires, you can’t file a claim (a lawsuit) in court.
In most cases, merchants display warranties near the products that have them. Sometimes, the merchant will post a sign that says you can look at the warranty if you ask for it. The merchant will then give you the warranty to read. For example, an appliance store might post an oven warranty on the front of the item, or place it inside the oven. If the product is small, such as a watch or cell phone, the merchant might keep the warranties behind the counter and post signs stating that the warranty is available for review. Either method is fine under the law.
To find warranty information for an online product, look for a hyperlink on the webpage that lists the item for sale. The hyperlink will usually take you to a separate site where you can read the complete terms and conditions of the warranty. If you buy a product online, it’s a good idea to print out a copy of the warranty or save a copy to your computer when you buy the item and keep it for future reference.
If you’re buying an item from a mail-order catalog, the catalog must include the actual warranty or a statement letting you know where to get a copy of the warranty. The warranty information is usually near the product description or, sometimes, on a separate page. If the warranty is on a separate page, the catalog must give a page reference near the product description so you can easily find the warranty.
A statute of limitations is the amount of time you get to file a lawsuit. With a warranty, the statute of limitations generally begins to run when you purchase the item. If the warranty explicitly extends to the future performance of the goods, the statute of limitations period usually starts when you discover, or should have discovered, the defect. After the statute of limitations passes, you can’t file a suit in court.
The Magnuson-Moss Warranty Act—the federal law that governs consumer product warranties—doesn’t have a specific statute of limitations. So, states apply their own time limits. In most cases, the court will use the Uniform Commercial Code (UCC) four-year limitation period. This means that you usually have four years after you buy a product to discover a defective product that has a written warranty—unless the warranty explicitly extends to the future performance of the item. Then, the statute of limitations period starts when you discover, or should have discovered, the defect.
While most states’ versions of the UCC give you four years to file a breach of warranty lawsuit, certain states have shorter statutes of limitations in these types of cases. Consider contacting a consumer protection lawyer who deals with warranties if you have questions about the statute of limitations in your state.
Warranty law is complicated. While you can handle a breach of warranty suit yourself in small claims court, if your issue is complex or there's a lot of money involved, consider hiring a lawyer to help you with the case.
