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1.1.1 Overview

This treatise on consumer warranty law addresses the rights of consumers when personal property they have purchased or leased does not meet their expectations. The book focuses on defective new and used cars, wheelchairs and other assistive devices, manufactured homes, automobile repairs, and home improvements. It also analyzes common law and statutory warranties that arise in the sale of a new house or condominium. The treatise only indirectly touches on warranty rights concerning other real property transactions or personal property purchased for business purposes.

The treatise primarily considers the consumer’s right to rectify the product’s defects—such as by canceling the sale, by requiring the seller to repair or replace the product, or by recovering damages for the cost of repair or diminished value of the product. Although incidental and consequential damages are examined, this treatise does not extensively cover personal injury or property damage law.