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Consumer Warranty Law: 14.8.5 Trial Issues

When trying a motor home case, prepare the jury for any terms used in the motor home industry that are not common knowledge. Prepare evidence that shows that the impairment is substantial. Many owners experience some problems with their motor homes. A jury that has some familiarity with motor home problems will want to know why the problems with the plaintiff’s home were so substantial as to justify the relief sought.

Consumer Warranty Law: 14.9.1.1 NHTSA Data

The federal National Highway Traffic Safety Administration (NHTSA) receives, investigates, and researches consumer complaints about motor vehicle defects, and can order manufacturer recalls.924 It is required by statute925 to make technical service bulletins (TSBs) available to the public in searchable form on its website.926 The same website allows sea

Consumer Warranty Law: § 455.7 Severability.

The provisions of this part are separate and severable from one another. If any provision is determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect.

Consumer Warranty Law: 9.1 Introduction

Sellers may disclaim warranties pursuant to Uniform Commercial Code (UCC) section 2-316 or limit the buyer’s remedies for breach of warranty pursuant to section 2-719(1)(a).

Consumer Warranty Law: 9.3 Has the Consumer Agreed to the Remedy Limitation?

A limitation of remedies clause is only effective if the consumer has agreed to that provision. The UCC seeks to give effect to the parties’ actual agreement, whether or not it is reflected accurately in the written contract.18 Unless the parties have actually agreed that the limited remedy in the written contract is exclusive, that remedy is presumed to be merely optional for the buyer.

Consumer Warranty Law: 18.3.6.1 Breach Should Be Liberally Interpreted

The warranties of habitability and of good and workmanlike construction should be interpreted expansively. A broad warranty protects buyers from defects they cannot reasonably ascertain before the purchase, places the risk of loss on the party most able to prevent the loss or spread it across many transactions, and keeps defective homes out of the nation’s housing stock.

Consumer Warranty Law: 18.3.6.3 Breach of Warranty of Good and Workmanlike Construction

The standard for breach of the warranty of good and workmanlike construction is one of customary skill and care, in accordance with accepted standards.106 The warranty is breached when the work was not done in a “manner in which an ordinarily prudent person engaged in similar work would have performed under similar circumstances.”107 The test is not perfection, but reasonableness.108 Failing to comply with the construction contract may also breach

Consumer Warranty Law: 18.3.6.4 Common Defects That Breach the Warranties

Some of the most common defects that are likely to violate the warranties of habitability and workmanlike construction arise from the instability of the land on which the house is built, whether due to soil conditions or some other characteristic that either rendered the site unsuitable for any building, or unsuitable without adjustments or proper site preparation. These sorts of defects can cause cracks throughout an entire dwelling, allow the elements to invade the structure, and throw every wall and door off square.

Consumer Warranty Law: 18.3.7 Disclaimers of the Implied Warranties

A builder’s attempt to disclaim express or implied warranties will be viewed skeptically and with a presumption that it is ineffective. This presumption is consistent with the public policy of home buyer protection that led judges to create the implied warranties of habitability and good workmanship. If the policies behind the warranties compelled such judicial and legislative action, it makes little sense to allow a builder to erase that consumer protection with a single line of print.

Consumer Warranty Law: 18.3.8 Express Warranty, Merger Clause, or Transfer of Deed Do Not Nullify Implied Warranty

Builders commonly argue that an express warranty set out in the contract displaces any implied warranties, but courts roundly reject this contention.155 Express warranties supplement, not substitute for, the implied warranties.156 Merger and integration clauses similarly do not disclaim implied warranties, because implied warranties are not considered contract rights, but duties arising by operation of law.157

Consumer Warranty Law: 9.4.2 Express Warranty Claims Not Covered by the Limitation of Remedies

The buyer may avoid a remedy limitation by relying on other express warranties that have not been or cannot be properly limited by contract. Typically, the limited remedy only applies to the express written warranty: “the obligation of the company under this warranty is limited to repairing or replacing defective parts.” The words “this warranty” limit the repair or replace remedy to that particular written warranty.