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How Can I Enforce a Warranty for a defective Product?

The first thing you should do is try to return the product to the seller or manufacturer for replacement or repair. If you have a warranty for the item the seller or manufacturer is required to give you a product in fully working condition, or in some instances there might be an option to refund the money you paid for the product. If the seller or manufacturer will not fix or replace your product, you have a few options: 

  • If you are making installment payments on the product, you can stop making the payments until the seller or manufacturer agrees to honor the warranty. This can be risky, however, because the manufacturer or seller may sue you for payments.
  • If you cannot settle the dispute amicably with the seller or manufacturer, try to see if the Better Business Bureau can mediate the dispute.
  • Finally, if you cannot agree with the seller or manufacturer on how to settle the dispute and your warranty is still not being honored, you can sue the seller or manufacturer to legally force them to honor your warranty. 

What If the Product Breaks after the Warranty Expires?

It depends on the condition your product was in while it was under warranty. If your product had a defect while under warranty and you followed the procedures listed under the warranty to have the defect fixed, the manufacturer or seller will be required to extend your warranty for a longer period of time in most states. Also, even if your product did not have any problems under warranty and the warranty has since expired, if a defect comes up in your product you may still want to call and ask the seller or manufacturer if it could be fixed for free. Sometimes the manufacturer or seller will be aware of some common defect in that line of products and will fix the defect at charge for any customer who reports it. 

Should I Consult a Lawyer If My Warranty Isn't Being Honored?

If your warranty is not being honored your only option may be to hire a personal injury lawyer. An experienced consumer rights attorney can help you determine what your rights are under the warranty. A consumer rights lawyer can also help you file any necessary paperwork and represent you in court.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 05-22-2018 06:38 PM PDT

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