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Breach of Warranty Claim

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Breach of Warranty Claim

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Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
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We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
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The service offered by Lawhive is outstanding. The process to find the most suitable solicitor is straightforward and efficient. The pricing is transparent and clear and the solicitors that have been provided to me have been outstanding. I would strongly recommend this company to anyone looking for a solicitor.
Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
Fabrizio,
12 July, 24
Great service and job well done
Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
Basira,
23 July, 24
Very happy indeed
A great service and in my experience, knowledgeable, helpful and experienced solicitors who's help I found to be invaluable. Thank you Lawhive, great job.
Paul,
26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
Jo,
02 August, 24
Rated 4.8 / 5. Showing our 4 & 5 star reviews.

About

A breach of warranty claim is a legal action taken by a buyer against a seller for failing to meet the terms of a contract. The buyer may be entitled to a refund or compensation. Solicitors can help buyers to make a claim.Next steps

How much does a Breach of Warranty Claim cost?

The cost for a licensed solicitor to help with a Breach of Warranty Claim is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £100-£150 but in some cases it could cost as much as £200.

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How can our breach of warranty claim solicitors help?

Breach of warranty claims can naturally be time-consuming and challenging. Our team of solicitors are on hand to support you throughout the entire warranty claim process. Here are just some of the ways Lawhive can help:

Assessing the claim

Our solicitors can assess how suitable a breach of warranty claim might be by reviewing the contract, the warranties provided, and evidence of breach. They can also work with technical experts to work out the value of a claim.

Pursuing a claim

Get help in gathering evidence, calculating damages, and pursuing a claim through negotiation, mediation, or litigation. An important solicitor step is reviewing the contract to determine whether there are any requirements for buyers to notify sellers that they are making a claim.

Defending a warranty claim

Solicitors can help defendants challenge breach of warranty claims, relying on contract terms, limitation clauses, or disputing the breach.

Drafting contracts with strong warranties

Our solicitors can help with professional contract drafting. They can help express the scope, duration, limitations and exclusions of warranties. The end result is a clearly drafted contract with enforceable warranties.

Why choose Lawhive for breach of warranty claims?

Our team of commercial solicitors are on hand to support with breach of warranty claims. With Lawhive, you get a fast, efficient service that's unlike a traditional law firm:

  • Expertise in contract law: Our breach of warranty claim solicitors have years of combined experience in handling contract law. From assessing claims to representing clients in negotiations and court proceedings - they have you covered.

  • Cheaper on average: Typically, Lawhive can be up to 50% cheaper than a traditional law firm. You get a top-quality legal professional without the hefty pricey tag.

  • Transparent pricing: We strive to provide transparent pricing for every client. We'll give you an instant fixed-cost quote for your case with no unexpected surprises.

Costs and solicitor fees involved

The fees for a breach of warranty claim solicitor can vary. Typically, you can expect to pay for different services depending on whether you're pursuing or defending a claim.

  • Legal fees for pursuing a claim: The costs involved for claimants might include solicitor fees, court fees, and expert costs for assessing damages.

  • Legal fees for defending a claim: The potential costs for defending against a breach of warranty claim include solicitor fees for advice and legal representation and the possibility of recovering costs if the defence is successful.

Businesses should also be aware, while not technically a legal cost, there is a management cost for pursuing and defending a legal claim. A management cost refers to the level of distraction a legal cause causes to senior executives, taking their focus from business operations.

Using Lawhive

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Know exactly what you will pay. On average 1/3 of the cost of a high street firm

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Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

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Types of warranties in business transactions

There are two categories of warranties: express warranties and implied warranties. Let’s explore what these terms mean.

What are express warranties?

Express warranties are explicit guarantees made by the seller about a product, service, or transaction. They can be made in writing or orally and can be an influencing factor in their decision to make a purchase. Examples include warranties regarding the quality of goods, financial statements in business sales, or compliance with legal regulations. If sellers breach a warranty, they may be liable to pay compensation to the buyer.

What are implied warranties?

Some warranties aren’t explicit, but they are assumed to be part of a contract as they are implied by law, even if they are not expressly stated in a contract. Common implied warranties include:

  • Fitness for purpose - the goods must be fit for the buyer’s intended use, which the seller is aware of

  • Merchantable quality - the goods must meet a certain standard of quality to meet a consumer’s expectations, as outlined in the Sale of Goods Act 1979

Warranties in mergers and acquisitions (M&A)

Warranties play an important role in M&A transactions. They are statements where a seller provides assurances about the condition of the business. Warranties protect buyers from liabilities that they may take on when acquiring a business. They can also include a provision to lower the purchase price of the business when there is an incorrect warranty.

Common causes of breach of warranty claims

By understanding the key causes of breach of warranty claims, businesses can identify and mitigate risks, putting together more robust warranties. Here are the most common causes of breach of warranty claims.

Defective goods or services

Quality assurance for goods or services is one of the key elements of a warranty. When products and services do not meet the quality or performance standards guaranteed by the seller a buyer may be able to make a breach of warranty claim.

False or inaccurate information

Businesses may pursue a breach of warranty claim if a seller provides incorrect or misleading information about the business in a business sale. This can include overstated financials or undisclosed liabilities to make the business look like a more attractive proposition with higher profit and lower debt than is the reality.

Warranties may include clauses about regulatory compliance, such as financial companies’ reporting responsibilities to the FCA. Legal standings may also be included, relating to health and safety laws or environmental regulations. When these elements of a warranty are breached a seller may claim damages or compensation.

Failure to meet contractual obligations

Unfulfilled contractual obligations can cause breaches where sellers fail to meet conditions tied to contract obligations, such as delivery schedules or equipment functionality.

There are a few main ways to resolve a breach of warranty dispute. A commercial dispute solicitor might recommend:

Damages for breach of warranty

Typically, breach of warranty claims are settled with an award of damages that provide compensation to the claimant for losses they experienced as a result of the breach. Damages are calculated based on:

  • Diminished value: The difference between the value of the goods or business as warranted and their actual value. By claiming diminished value, a buyer can claim damages to restore them to the position they would have been in if the warranty had been accurate. This is determined by comparing the value of the business now against what it would have been if the warranty was ‘true’, with the difference between the value being owed to the buyer

  • Consequential losses: These are losses resulting from the breach, such as loss of profits or costs incurred in repairing or replacing defective goods. They are also known as indirect losses and are not directly related to the breach. They are not always recoverable, only in instances where the buyer should have been aware of the circumstances that would lead to the loss when they signed the contract.

Rescission of contract

Typically, a breach of contract is minor, with the successful claimant being awarded damages. However, in some cases, where the breach is severe, the claimant may seek to rescind the contract, returning the parties to their pre-contractual positions. It's important to understand that the right to rescind a contract for a breach is a complicated area of the law.

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