Legal Question in Consumer Law in Virginia

implied warranty

does virginia have a limitation on length of implied warranty


Asked on 4/06/01, 11:50 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: implied warranty

Yes. Four years from the date of the breach of warranty. If the warranty promises future performance (e.g., "we'll fix your gizmo for free if it breaks in the first ten years") then the limitations period is measured from the date the seller refused to give the promised performance; otherwise, it's as of the date of sale (which is the case in breaches of implied warranties).

The statute of limitations in any case can be "tolled"; certain conditions cause it not to run. If the purchaser is a minor, for example, the statute of limitations on any claims he may have don't start to run until he turns eighteen.

Note that a warranty is not a period of time in which you can get repairs for free; it's a period of time in which the seller promises the purchaser that the product will be without defects. if the product had defects during that period of time, the purchaser's four year statute of limitations starts to run from the time the seller fails to make good on the promise.

The Virginia Consumer Protection Act almost always applies whenever a consumer has a breach of implied warranty claim. See Va. Code section 59.1-200 and 59.1-204 in your local library reference section.

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Answered on 6/06/01, 6:45 am


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