Warning
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Warning
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Simple English definitions for legal terms
breach of warranty
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A quick definition of breach of warranty:
Breach of warranty is when someone promises that something is true or will happen, but it turns out to be false or doesn't happen. This can happen when someone sells something and promises it works well or is in good condition, but it doesn't. The person who bought it can then ask for their money back or for it to be fixed. There are two ways this can happen: when someone lies about something they promised, or when they don't do something they promised to do. If someone lies, the person who was lied to can sue for money. If someone doesn't do something they promised, the person who was promised can sue for money, to cancel the deal, or to make the person do what they promised.
A more thorough explanation:
Breach of warranty is when someone violates a promise they made about a product or service. This can happen in two ways:
- They said something was true about the product or service, but it turned out to be false.
- They promised to do something or not do something, but they didn't follow through.
For example, if you buy a car and the seller promises that it has never been in an accident, but you later find out that it has, that is a breach of warranty. Or if you hire a contractor to build a deck and they promise to finish it in two weeks, but it takes them a month, that is also a breach of warranty.
If someone breaches a warranty, the person who was promised something can take legal action to get compensation. They might be able to get money to cover the cost of fixing the problem, or they might be able to cancel the contract and get their money back.
It's important to note that a warranty is different from a statement of opinion or a prediction about the future. For example, if a real estate agent says that a house is a good investment, that is not a warranty. If the house turns out to be a bad investment, the buyer can't sue the agent for breach of warranty.