Ayala is happy to share that it has settled a case against one of the largest improvement stores in the US, alleging that it sold the wrong water heater.
The case involved the remodeling of the client’s property by a contractor, which is still pending. The allegations include claims that the defendant was negligent and breached the express warranty provisions in 672.313 and the implied warranty provisions of section 672.314.
Under section 672.313, “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.”
In this case, Ayala’s client was sold a water heater that did not meet the measurements requested. The failure to provide the proper water heater created a cascade of…
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