Can I sue if a company is not standing behind their warranty?

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Can I sue if a company is not standing behind their warranty?

I purchased a washing machine last year and so far every 2 months I’ve had to have the display board or the control board replaced. As of the last time the repair man came out, the company said they could not do anything further, without more proof the machine was acting up. Since it is not a consistent problem, it is hard for me to “catch” it acting up, therefore providing them the so called proof they need. Now they won’t repair or replace my machine that is still under warranty. What are my legal steps I can take at this point?

Asked on August 9, 2012 under General Practice, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the display board is being replaced regularly, the company should already be on notice that it is malfunctioning.  Would it be possible to take a picture or video of it when it malfunctions?

If the company does not honor the warranty, you could sue the company for breach of express warranty.  This would be one cause of action (claim) in your lawsuit.  The express warranty is the written warranty.  There is also a separate (unwritten) implied warranty of merchantability which means the washing machine is of a quality acceptable in the trade.  Clearly, it is not.  Your lawsuit could include a separate cause of action (claim) for breach of the implied warranty of merchantability.

There is also another implied warranty of fitness for a particular purpose.  If the washing machine is able to perform its function of washing clothes, then that particular implied warranty would not be applicable.


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