How to Beat Apple in Your Warranty Lawsuit 

Thanks for the video really helpful! I’ve been doing some practice problem scenarios and I’m having a very hard time answering the following question absent the state law: 13.4. Lou of Lou’s Used Cars continues to struggle with trying to limit his liability on his used-car sales while still complying with the requirements of state and federal warranty law. In a recent sale of a one-year-old used car, Lou gave the buyer a prominently labeled “Limited One-Year Warranty” in writing. In that same written sales contract, however, Lou attempted to limit the duration of the implied warranty of merchantability to six months in a conspicuous clause that even used the word “merchantability.” Unfortunately, this car’s transmission ended up failing and needed to be replaced just 15 months following the sale. At that point, Lou sought advice from an outside lawyer. Lou then learned (to his great dismay) that the Magnuson-Moss Act would not allow him, under these circumstances, to enforce his attempted six-month limit on the duration of the implied warranty of merchantability. “That’s OK,” Lou tells you, now that he is “lawyer-shopping” for some more favorable advice on his attempts to limit his buyers’ rights. “I did some research myself and I saw that I at least have the right under Magnuson-Moss to limit the duration of my implied warranty of merchantability to the length of my limited written warranty. So even if a court won’t enforce my six-month limit on the implied warranty of merchantability, I should at least get the benefit in this case of a one-year limit on the duration of the implied warranty of merchantability, just like the statute allows. And, since that one-year period had already expired when this car’s transmission failed, there was no more implied warranty for this buyer and I don’t have anything to worry about, right?” Is Lou correct in his interpretation of the law in this case? UCC §§2-314, 2-316; 15 U.S.C. §2308. Could you please give your opinion? I am stumped by the fact that the incident occurred outside the warranty period but there are terms inconsistent with MMWA (short time period for implied warranty of merchantability).

Thanks for this. Learned something.

Judson -- great job! Congrats! Did you file in state or federal? John Watts

Rock Star!

Send them a message!

I also successfully sued Apple and won. I have so many stories I could tell about that unscrupulous company. By the way your audio is cutting in and out in this video.