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...
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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...
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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.
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...
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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...
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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.
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.
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.
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...
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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...
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