Question 1

Which implied warranties arise under the UCC?

Accepted Answer

Both warranties of fitness and merchantability fall under the UCC. Apart from express warranties, the UCC describes implied warranties as automatically existing without any written or spoken affirmation of the coverage, terms, or conditions the warranty implies.

Question 2

What constitutes a breach of an implied warranty?

Accepted Answer

An implied warranty breach occurs when a sold product does not meet a consumer’s expectations. The implication is that the product would work properly and fit its intended use upon sale. If it does not, but it was available for purchase and eventually sold, a breach of implied warranty has occurred.

Question 3

How does one use Maine implied warranty?

Accepted Answer

In the state of Maine, implied warranties are designed to hold sellers and manufacturers liable for up to four years. This highlights a significant period of protection to which consumers are entitled upon purchasing a product and discovering its defects. In this case, consumers must pass the 3-Part Test, consisting of the following:

 	evidence that the product has deficiencies or works poorly;
 	evidence the buyer has not abused it; and
 	evidence the product was purchased four years ago, at most, or before then.

Question 4

What is guaranteed by an implied warranty for all products?

Accepted Answer

An implied warranty guarantees that upon sale, all products will work how they are supposed to or fit their intended use. A warranty of merchantability indicates a product’s safety and readiness to use, ensuring that it works. A warranty of fitness, however, has less to do with whether a product works but implies it will meet its intended use and fulfill a specific purpose.

Question 5

What is an example of an implied warranty?

Accepted Answer

An implied warranty is an unwritten or unspoken guarantee that a product is safe, merchantable, and ready to be used once purchased. The best example of an implied warranty has to do with food. When grocery shoppers buy fruit, for instance, the implication is that the fruit is fresh and edible, not rotten or moldy.

Question 6

What is the implied warranty of fitness for a particular purpose?

Accepted Answer

The specific purpose a warranty of fitness implies is how a product is fit for its intended use. For example, a brand-new bird bath is meant to stand upright and hold water inside its bowl for its specific purpose. If, however, the bird bath keeps falling over on flat concrete surfaces due to a crooked, unstable base and spills water, the product is defective, and the implied warranty of fitness has been breached.

Question 7

What is the implied warranty of habitability in Florida?

Accepted Answer

In Florida, an implied warranty of habitability covers deficiencies in living spaces. When renting, landlords must ensure they provide a safe living environment for their tenants, including running water, proper heating and cooling systems, working appliances, etc. If these provisions are absent, damaged, or insufficient, a breached warranty of habitability has occurred.

Question 8

What does "no warranties, express or implied" mean?

Accepted Answer

The statement “no warranties, express or implied” refers to the right of sellers to disclaim warranties under UCC. Instead of implied warranties, sellers can utilize terms such as “sold as is” or “with all faults,” providing a notice of deficiencies that may be recognized once purchased. The idea behind “no warranties, express or implied” is primarily to inform consumers, but also to protect sellers from warranty breaches and legal action.

Question 9

What does it mean to disclaim an implied warranty, and how does it work?

Accepted Answer

To disclaim an implied warranty, sellers must state that a product is unable to perform its particular purpose. By making this statement, implied warranties no longer apply. This works through the UCC, which mandates sellers to put in writing that there is no implied warranty for a product. They do this with terminology such as “sold as is,” “with all faults,” or other similar language.

Question 10

How do I file a complaint against a contractor in Florida?

Accepted Answer

In Florida, as long as there is a disagreement between property owners and contractors that cannot be settled civilly, you may file a dispute against the contractor. Through the county contractor licensing board’s evaluation and review, you can file this complaint regarding incomplete projects, an overcharge, incorrect repairs or construction, lack of performance, damaged property, poor workmanship or professionalism, or contract breaches. Among these, file your complaint to the Florida Department of Business and Professional Regulation (DBPR) either by mail or online using a URL provided.

Question 11

Can I sue a contractor for bad work in Florida?

Accepted Answer

Yes, suing a contractor for poor workmanship falls under one of the categories by which property owners may take legal action if they so choose. “Bad work” includes defective goods, damaged property, incomplete projects, or any other aspects of performance that fall short of contractual standards.

Question 12

How long is a contractor liable for work in Florida?

Accepted Answer

According to Florida statute of limitations, contractors have a prescriptive period of up to four years for defects. This means property owners have a four-year window of time to file claims against contractors for poor or deficient workmanship.

Question 13

How can I check if a contractor is licensed and insured in Florida?

Accepted Answer

Usually, checking that a contractor is licensed and insured in Florida can be done by:

 	directly asking them for the paperwork;
 	verifying with the county;
 	checking for reviews or complaints;
 	calling the DBPR or checking online;
 	searching name, license number, city or county, or license type in the DBPR online portal.

Question 14

What recourse do I have against a contractor?

Accepted Answer

Recourse that you may have against contractors include:

 	discussing the issues with the contractor and resolving them immediately;
 	contacting the licensing board;
 	filing a complaint and taking legal action;
 	settling matters through arbitration or mediation;
 	exercising your rights according to the Right to Repair Act.

Question 15

What are the alternatives to filing a complaint against a contractor?

Accepted Answer

Alternatives to filing a complaint include:

 	arbitration, or seeking settlement by a neutral, third party authority acting as a judge;
 	mediation, or using another neutral, third party individual to help arrive at an agreement by the opposing parties themselves;
 	restitution from a state fund; or seeking reparations from the state with which the contractor is licensed;
 	small claims court, or handling the matter yourself in similar fashion as a lawsuit (without a lawyer);
 	or an actual lawsuit, which would sue the liable party with the assistance of a lawyer.

Question 16

What is the Right to Repair Act in Florida?

Accepted Answer

In Florida, the Right to Repair Act is an alternative course of action outside the courtroom that automatically allows property owners to seek a private settlement if they wish to resolve a dispute they have against a contractor. The act protects their right to have repairs done in the event of initial dissatisfaction with a previous project.

Question 17

How to resolve disputes with a contractor?

Accepted Answer

To resolve a contractor dispute, property owners must gather any evidence they can pertaining to poor workmanship, breach of contract, or overpricing. From this point, owners may find ways to settle matters privately under the Right to Repair Act, through arbitration or mediation, or through an actual lawsuit if the other alternatives have not already provided resolution.

Question 18

Which factors impact a lemon law claim?

Accepted Answer

Generally, the nature of lemon law revolves around product defects, but it specifically accounts for:

 	the use, safety, or value that the product defects impair;
 	the timing of initially recognizing the defect to the moment that the issue is resolved;
 	a reasonable amount of attempts to repair the defect;
 	whether the purchased or leased vehicle is new or used;
 	and the help of a consumer-protecting attorney.

Question 19

What exactly meets the criteria for state lemon law?

Accepted Answer

Typically, state lemon law deals with issues of defectively manufactured vehicles that jeopardize the safety of operations. What makes these vehicles eligible for lemon law, in particular, are the buyer’s role in attempting to repair issues and the manufacturer’s role in resolving them as quickly as possible if issues remain.

Question 20

What is the general legislation when it comes to lemon law?

Accepted Answer

While federal lemon law accounts for all products with defects that manufacturers sell to consumers, state lemon laws vary across the board. Each state, even with subtle differences, has its own consumer protection laws when it comes to product defects that detail a consumer’s rights, responsibilities, and regulations regarding the issues.

Question 21

Can I sue a car dealership under Lemon Law?

Accepted Answer

Because lemon law claims are infrequent, and warrantors strongly encourage dispute resolution, these cases hardly step foot in the courtroom. That said, you may file a claim against a car dealership that has been deceptive in their warranties or refuses to do their part in resolving the issues of defects.

Question 22

How do I file a lemon law claim?

Accepted Answer

First gathering evidence that proves your car is a lemon is most critical. From this point, keeping all records of maintenance will serve as evidence in favor of your case. Next, familiarize yourself with lemon laws in your respective state to learn about timelines, number of attempts to repair, and warranties. Finally, hire a consumer protection lawyer to determine if you have a case, assist with additional evidence and understanding of legislation, and bring matters to court if unresolved.

Question 23

Who can I talk to if I have a “lemon”?

Accepted Answer

Lemon law attorneys, otherwise known as consumer protection attorneys, are the most well-versed when it comes to lemon laws. They understand and know the facts surrounding your rights as a consumer, timelines associated with product defects, reasonable amount of attempts to repair, and qualifications that make certain products eligible. It is always advisable to hire a consumer protection attorney who knows lemon laws in your state, as many state regulations vary in terms of lemon law.

Question 24

Can warrantors elude reparations even if the warranty covers all repairs?

Accepted Answer

The short answer is yes. While warrantors are largely at fault when product defects cause impaired safety to the consumer, they still may be able to refuse to pay reparations considering automotive issues are oftentimes the consumer’s fault for simply neglecting maintenance. Generally, it depends on whose fault the need for repair is.

Question 25

1. What is the purpose behind the DMCA?

Accepted Answer

The DMCA was created to facilitate the myriad copyright issues that emerged with the new digital millennium. The internet allowed anyone to publish content with a few clicks of a mouse, without experience or moderation, opening the door to both inadvertent and malicious copyright infringement. Copyright holders needed protection; ISPs and intermediaries needed reasonable immunity; and courts would never be able to handle the huge numbers of infringement claims that the internet promised.

Question 26

2. Where does DMCA apply?

Accepted Answer

The DMCA implemented two international treaties from the World Intellectual Property Organization (WIPO). The act was passed unanimously by the US Senate and signed into law in 1998. This made it federal law across the United States—but only in the United States. Internationally, intellectual property is protected by the WIPO (the World Intellectual Property Organization), whose treaties protect copyright in some 200 nations.

Question 27

3. What is the DMCA takedown process?

Accepted Answer

In simple terms, the DMCA takedown process involves the copyright holder sending a DMCA Notice to the ISP, reporting copyright infringement, and seeking removal. The ISP then tracks down the infringement’s location and takes the content down. The party that posted the content is allowed to refute the complaint and possibly have the content restored.

Category: Contract Law

Category: Contract Law