McCurdy v. Texar, Inc. - 575 So. 2d 299 (Fla. Dist. Ct. App. 1991)

Rule:

15 U.S.C.S. § 2310(d)(1) (1982) encompasses implied warranties, which are not in writing.

Facts:

Appellant purchaser allegedly bought a defective boat. Appellant brought a suit against appellee manufacturer for breach of warranty under the Magnuson-Moss Warranty Act, 15 U.S.C.S. § 2310(d) (1982). The trial court entered judgment against appellant on the ground that the statute was inapplicable because appellee gave no written warranties as was required, according to the trial court, by the statute.

Issue:

Could appellant obtain redress against appellee manufacturer under 15 U.S.C.S. § 2310(d) (1982) for a breach of warranty on a boat, notwithstanding the fact that no written warranty was provided?

Answer:

Yes.

Conclusion:

The court reversed that part of the trial court's judgment that held that Magnuson-Moss Warranty Act, 15 U.S.C.S. § 2310(d) (1982) was inapplicable. According to the court, the relevant statute did not require appellant purchaser to show a written warranty for a cause of action under it because the statute clearly encompassed implied warranties, which were not in writing. The court remanded the case for proceedings against appellee manufacturer.