This guide walks through the breach of warranty lawsuit Florida business owners may consider when goods fail. A breach of warranty claim says a seller or manufacturer made a promise about its goods, and the goods did not match that promise. For sales of goods in Florida, Chapter 672 of the Florida Statutes applies to transactions in goods, including hybrid transactions, as that section describes.
Ayala Law PA focuses on business litigation, including commercial and contract disputes. The firm’s office is in Tampa, Florida, and it represents businesses in Tampa, Hillsborough County and the wider Tampa Bay area.
What Is a Breach of Warranty Lawsuit, and Who Can Bring One?
A breach of warranty lawsuit asks a court to hold a seller responsible for goods that did not meet its promises. It fits businesses that bought equipment, machinery, materials, inventory or hardware that failed, underperformed or was not fit for its job.
Contractors and subcontractors who buy defective materials or equipment fit this description too.
Chapter 672 covers transactions in goods. Fla. Stat. § 672.102 provides that the chapter applies to transactions in goods; in a hybrid transaction, it applies to the transaction when the sale-of-goods aspects predominate, and when they do not, only the provisions that relate primarily to the sale-of-goods aspects apply. The section was amended in 2025 (ch. 2025-92), and the current text is the version that applies.
This page covers economic losses, such as downtime, replacement costs and lost profits. It does not cover personal injury claims.
If failed equipment is costing your business money, our team can review the purchase papers and the timeline of the defect with you. Call (305) 570-2208 to talk through your options. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Which Warranties Can a Florida Business Enforce?
Under Fla. Stat. § 672.313, express warranties by the seller are created by an affirmation of fact or promise about the goods, a description of the goods, or a sample or model, when it becomes part of the basis of the bargain.
- Express warranty. Any affirmation of fact or promise about the goods that becomes part of the deal creates a warranty the goods must match. Fla. Stat. § 672.313 Descriptions, samples and models can do the same. Formal words are not required, but an affirmation merely of the value of the goods, or a statement purporting to be merely the seller’s opinion or commendation of the goods, does not create a warranty.
- Under Fla. Stat. § 672.313, a seller’s affirmation of fact or promise about the goods creates an express warranty that the goods shall conform to it, if it becomes part of the basis of the bargain.
Here is an example. A business buys a commercial dryer after the seller states it can handle a specific daily load. If it cannot, that stated capacity may be an express warranty. If the buyer relied on the seller to choose the model, a fitness warranty may also apply.
A promise made during a sales call can count if it became part of the deal. It is harder to prove than a written one. Quotes, emails, spec sheets and product labels are useful starting evidence.
What Can a Business Recover When Goods Fail?
The contract, however, can limit what is available.
Two rules shape recovery. First, Fla. Stat. § 672.316 says remedies can be limited under the chapter’s rules on damages and on contractual changes to remedies.
Second, Florida law lets a court that finds a contract or any clause unconscionable at the time it was made refuse to enforce the contract, enforce the remainder without the unconscionable clause, or limit the clause so as to avoid any unconscionable result. In Basulto v. Hialeah Automotive, the Florida Supreme Court held that both procedural and substantive unfairness must be present, though not to the same degree.
Sellers sometimes try to fix a bad delivery. Under Fla. Stat. § 672.508, where a nonconforming delivery is rejected and the time for performance has not yet expired, a seller that seasonably notifies the buyer of its intent to cure may make a conforming delivery within the contract time.
Keeping goods you accepted still has a cost. Fla. Stat. § 672.607 says a buyer must pay the contract rate for accepted goods. Acceptance does not, by itself, end other remedies for the defect. Fla. Stat. § 672.607 reads: “(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this chapter for nonconformity.”
Notice Rules, Deadlines and Disclaimers
A buyer who has accepted goods must notify the seller of any breach within a reasonable time after he or she discovers or should have discovered it, or be barred from any remedy. Missing this step can bar the buyer from any remedy.
- Continued use can count.
- The notice clock. Under Fla. Stat. § 672.607, where a tender has been accepted, the buyer must notify the seller of breach within a reasonable time after it discovers, or should have discovered, the breach, or be barred from any remedy.
- The burden of proof. For accepted goods, the buyer must establish the breach.
- Disclaimers must be clear. Fla. Stat. § 672.316 says a merchantability disclaimer must mention merchantability and, in writing, be conspicuous. Words like “as is” can exclude implied warranties, unless the circumstances indicate otherwise.
- Deadlines to file suit. Florida also sets time limits for filing suit. They can be short, and the starting date is not always obvious, so review timing early.
Start a simple file now. Write down the date you found the defect, send complaints in writing, and keep samples, photos, maintenance logs and emails.
How a Breach of Warranty Case Usually Moves Forward
A typical case starts with document review, then a written demand, and only then a court filing or arbitration.
- Intake and documents. Review the purchase agreement, invoices, warranty terms, specifications and correspondence.
- Assessment. Identify which warranties apply, the notice history, any disclaimers or remedy limits, and the size of the loss.
- Written demand. Send a demand to the seller or manufacturer. Repair or replacement attempts may happen at this stage.
- Forum. Review any arbitration clause before filing. Fla. Stat. § 682.02 says a written agreement to arbitrate is valid and enforceable, except on grounds that allow a contract to be revoked.
- Fla. Stat. § 47.011 says actions shall be brought only where the defendant resides, where the cause of action accrued, or where the property is located, but this section does not apply to actions against nonresidents.
- Discovery and resolution. The parties exchange information, may use technical review of the defect, file motions, and may settle or go to trial.
Timelines vary with the amount in dispute, the court and whether the seller contests liability.
Why Work With Ayala Law PA on a Business Warranty Dispute
Ayala Law PA focuses on business disputes over contracts, goods and property. That focus shapes how a warranty claim is reviewed.
- The firm’s practice covers commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation and international trade litigation in Florida courts and arbitration.
- A warranty claim is reviewed with the purchase, construction or supply agreement it came from. Those documents shape what the warranty says and which remedies apply.
- Eduardo A. Maura is the responsible lawyer for this page. Our lawyers review each matter with support from the firm’s office and administrative staff.
- The firm’s office is at 1646 W Snow Ave, Tampa, Florida. The firm represents businesses in Tampa, Hillsborough County and the Tampa Bay area.
- Each dispute turns on its own contract and facts. The firm reviews those specifics before discussing options, and no outcome can be predicted from general information.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Common Questions About Breach of Warranty Lawsuits in Florida
Can a Florida business sue if the contract says repair is the only remedy?
Possibly. Remedy limits can apply, but a court can refuse to enforce a clause it finds unconscionable.
Do we have to return the equipment before suing?
Whether you accepted the goods controls the next steps. Accepted goods must still be paid for at the contract rate.
Is a sales rep’s verbal promise enforceable?
An oral statement can be part of an express warranty, but it is harder to prove. A promise of future action can also support fraud if the promisor never intended to perform, as explained in Frutafino v. Dole Chile.
Does an arbitration clause stop a lawsuit?
It can require the dispute to go to arbitration instead of court. Florida law generally enforces a written agreement to arbitrate, so review the clause before filing.
What if we kept using the goods after the problem appeared?
A buyer can accept goods after a reasonable opportunity to inspect them, such as by signifying that the goods conform or that the buyer will keep them despite a nonconformity. That can affect notice, so raise the problem promptly.
What does it cost to start?
The office explains fees and costs directly to each client.
Talk With Ayala Law PA About Your Situation
If a defective delivery or failed machine is costing your business money, you may be weighing your next move while the problem continues. Bring your purchase papers, warranty terms and a timeline of the defect to our team. Call (305) 570-2208 or request a case evaluation at lawayala.com/contact.
