West Virginia Complaint for Breach of Warranty
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How to fill out Complaint For Breach Of Warranty?
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FAQ
Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.
The implied warranty of workmanship and habitability runs for one year after the transfer of title or the buyer's taking possession, whichever occurs first, and a buyer has two years from the date of the breach in which to bring an action for breach of warranty. Va. Code Ann. §55-70.1(E).
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
An implied warranty is a legal term for the assurances that a product is fit for the purpose that it is intended and that it is merchantable, i.e., conforms to an ordinary buyer's expectations.
Statute of limitations. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.
West Virginia has a comprehensive consumer protection law ? the West Virginia Consumer Credit and Protection Act ? that prohibits businesses from committing unfair or deceptive acts in consumer transactions. This law is a powerful weapon for consumers who have been the victims of abusive and fraudulent practices.
"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...
File a Consumer Complaint State of West Virginia. Office of the Attorney General Patrick Morrisey. Consumer Protection Division. 1-800-368-8808 or 304-558-8986. E-mail: consumer@wvago.gov.