Breach of Commercial Warranty Claims –
Legal Advice
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A breach of commercial warranty can cost you and your business. Sellers must uphold their promises, but we are here to help if they cannot. For over 100 years, we have pursued breach of warranty claims and helped dozens of clients obtain compensation for damages.
With the support of our commercial warranty breach solicitors, there are no more sleepless nights over lost revenue.
What is a Breach of Commercial Warranty?
Warranties are a crucial element of commercial sales contracts. They are promises made by the seller, assuring the value and quality of the items involved in the transaction so that you, as a buyer, know exactly what you will receive. The seller is legally required to stand by their assurances, and breaches of warranty can result in legal action. Our warranty claims solicitors excel at resolving breaches of commercial warranty.
When are Warranties Provided?
Generally, warranties are provided in relation to:
- Whether the information provided to the buyer is accurate
- Whether the company’s accounts are accurate
- Whether the seller has the authority to sell the shares or assets involved in the transaction
- Whether the company complies with relevant laws
- Whether any claims exist against the company
- Whether the company has properly paid its taxes
- Who owns the company assets
- The company’s contractual arrangements
- The conduct and financial status of the business since the last published accounts
How We Resolve Breaches
If a seller breaches your commercial warranty, you need the relevant expertise to resolve it. The most common route is claiming compensation for the damages incurred from the breach. With our experienced team, you can obtain the necessary compensation swiftly, preventing losses. We start by learning everything about your case in a free consultation and recommend the best course of action going forward. Then we will analyse the warranty, breach and your situation and represent you through the claim process.
We are a specialist litigation law firm, meaning we are equally adept at representing you inside and outside the courtroom. We offer Alternative Dispute Resolution for a simple fix or can win your case before a judge if the other party refuses to comply. Plus, we handle everything, and by choosing our support, you will receive all the damages stress-free.
What is The Breach of Warranty Claims Process?
Depending on the type of warranty involved, the claims process can vary. However, these are the usual steps involved in pursuing a warranty claim:
Identify the breach – Our breach of warranty solicitors will review the warranty document and any other relevant materials to establish whether the seller has met their promises
Notify the seller – We will notify the seller and request a remedy following the procedures outlined in the warranty document
Document the issue – We will document the price paid and keep records of any correspondence with the seller. We will also gather any relevant evidence
Consider legal action – Our solicitors will advise on the best course of action to pursue if the seller is unwilling or unable to provide a reasonable remedy
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What Happens If The Warranties Given are False?
If the warranties provided by the seller are false, the buyer has the right to claim damages for breach of warranty. Generally, the damages payable will put the buyer back in the position that they would have been in if the warranties were true.
Let’s say that during the sale of a business, the seller warrants that there has been no adverse change in the financial position of the company since the latest published accounts. If it turns out the company’s finances actually got much worse, damages would be calculated by comparing what the company was said to be worth, which is usually what the buyer paid for it, with its actual lower value due to its poor financial situation.
Our Awards
We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.
What is The Difference Between Warranty Claims and Indemnity Claims?
When you make a warranty claim, you are essentially asking for compensation based on the impact that a problem has had on the value of what you bought. Whereas, with an indemnity claim, how the problem affected the overall value of what you bought is not taken into account. Instead, you are simply asking for damages that match the exact amount that you lost due to the problem.
Funding
We provide a range of funding options for breach of warranty claims, including:
- Legal expense insurance
- Damages-based agreements
- Litigation funding
- Fixed fees
- Fixed cost start
Why Choose Witan?
When resolving a breach of warranty and claiming damages, you need skilful litigators who can negotiate effectively and secure your ideal outcome. We have represented commercial and corporate warranty clients since 2014 and have settled almost every imaginable situation. You benefit from the following:
- 100+ years practising commercial law and litigation
- A commercially focused approach
- Precise advice and support without unnecessary legal jargon
- Legal 500 Law Firm
- Commercial warranty breach solicitors in London, Birmingham and Northampton
Our Past Successes
Dozens of clients in Birmingham, Northampton, London and throughout the UK have trusted us to resolve breaches of warranty. As a result, we have worked with an array of industries and encountered and overcome many challenges, giving us the knowledge to help in almost every situation. Here are some of our previous cases:
Receive Compensation Now
You are only a call away from making a breach of commercial warranties claim. Our friendly team is ready and available to answer your questions, walk you through our process and organise a free, no-obligation consultation to get you started.
FAQ
What can I do about a breached warranty?
Typically, after a seller breaches a warranty, the purchaser can claim damages to compensate for lost revenue. You can pursue Alternative Dispute Resolution for an out-of-court settlement or progress to a court hearing.
What does a breach of warranty look like in practice?
A seller breaches the warranty in the commercial contract if the goods they supply fall below the standard promised in the contract.
What will happen if I breach a condition or warranty?
If a warranty is breached, the aggrieved party can claim compensation for the damages caused.
When is a breach of warranty claim worth pursuing?
If the buyer can prove that the warranty was false when it was made and that a breach resulted in a reduction in the value of the purchase at the time when compared to what they paid for it, it is worth pursuing a warranty claim. However, if you are not well-versed in legal jargon, it can be difficult to determine whether there has been a breach. That is why it makes sense to seek legal advice from specialist warranty claims solicitors.
How much does a breach of warranty claim cost in the West Midlands?
The cost will vary depending on the specific requirements of your case. Costs can range from anywhere between £8,000 to £25,000 plus VAT and disbursement.
Does Witan have solicitors available who can help with a breach of warranty claim?
Yes. Our corporate solicitors specialise in resolving breach of warranty disputes. We have years of experience in this legal area.
How do I get started?
The first thing you should do is seek legal advice from a law firm that specialises in dealing with warranty claims.
How long does it take to complete a breach of warranty claim?
It varies depending on the complexity of the case and how quickly other parties respond.
Is it possible to have a solicitor start working on my breach of warranty claim on the same day?
Depending on the complexity of your claim, our solicitors can get to work straight away.
How much does a warranty clam cost?
On average, costs can vary depending on the complexity and value of your claim.
