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Breach of Contract — LGBTQ+

Started by worried_business_owner_GA · May 16, 2023 · 2,840 views · 6 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
WB
worried_business_owner_GA OP

Quick background on my situation — any input appreciated.

warranty claim denied on technicality. I've been dealing with this for about 11 weeks now and the situation isn't improving.

The contract was signed 16 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $2,000.

Has anyone been through something similar? What worked for you?

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, UCC Article 2. Your state may provide additional protections.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

RM
RestaurantOwner_Miami

I've seen this play out several times in my field.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

PN
Photographer_NYC

I went through almost the exact same thing.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

HM
help_me_parent_2025

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

FF
frustrated_freelancer_FL

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

LC
LemonLaw_Chris

I have dealt with warranty technicality denials extensively, both as a consumer and professionally. Companies love to deny warranty claims on minor procedural grounds because most people give up. Do not give up. Here is why.

The Magnuson-Moss Warranty Act is a federal law that limits how companies can deny warranty claims. Under this act, a warrantor cannot condition warranty coverage on the use of specific branded parts or services (this is the right to repair principle). So if they denied your claim because you used a third-party repair shop or non-OEM parts, that denial may violate federal law unless they can prove the third-party work actually caused the defect.

Additionally, many states have implied warranty protections under the UCC that exist independently of any written warranty. An implied warranty of merchantability means the product must be fit for its ordinary purpose. An implied warranty of fitness for a particular purpose applies if the seller knew your specific intended use. These implied warranties cannot be disclaimed in some states, regardless of what the warranty paperwork says.

For a 2K dispute, small claims court is your best option. The filing fee is typically under 100 dollars, no attorney needed, and judges in small claims are often sympathetic to consumers who were denied warranty coverage on technical grounds. Bring your warranty document, proof of purchase, documentation of the defect, and the denial letter. Let the company explain to a judge why their technicality should override the basic promise that the product would work as intended.