What can I recover for a breach of warranty in the US?
You can generally choose between (1) revoking acceptance and getting a refund of the price less a use offset (UCC 2-608), or (2) keeping the product and recovering the cost to repair it or its diminished value (UCC 2-714), plus incidental and consequential damages. If the item had a written warranty, the Magnuson-Moss Warranty Act adds recoverable attorney fees.
What is the Magnuson-Moss Warranty Act?
It is the federal law governing consumer product warranties. It lets you sue for breach of a written or implied warranty on consumer goods and shifts your attorney fees to the seller or manufacturer if you win. It covers most consumer products over $25, works alongside the UCC and state lemon laws, and makes small warranty claims economically viable.
What is the difference between express and implied warranties?
An express warranty is a specific promise the seller makes about the product (in writing or by demonstration). An implied warranty of merchantability is an automatic guarantee that goods are fit for their ordinary purpose, imposed by the UCC on merchant sellers. Both can be breached, and Magnuson-Moss restricts a seller’s ability to disclaim implied warranties when a written warranty is given.
Do I have to let the seller repair the item first?
Usually yes, at least once. Warranty law generally gives the seller a reasonable opportunity to cure the defect. If repeated repairs fail, or the defect substantially impairs the product’s value, you can revoke acceptance for a refund or claim diminished value. Document every repair attempt with dates and invoices to support your claim.