WHAT MUST A BUYER DO BEFORE CLAIMING THAT A BREACH OF EXPRESS WARRANTY OCCURRED?
If an automobile, boat or other product does not meet that express warranty, the buyer must then give the seller notice of that fact within a reasonable time after the buyer discovered or should have discovered that the automobile, boat or other product did not meet the express warranty. When the buyer should have discovered that the automobile, boat or other product did not meet the sellers factual claims or promises depends on all the facts and circumstances, including the nature of the defect, the time when the automobile, boat or other product was put in use and whether the nonconformity was discoverable by customary and reasonable inspections. The buyers notice to a seller of a defect is normally sufficient if it informs the seller that the buyer claimed that the automobile, boat or other product was defective. If the buyer gives the seller this notice in a reasonable time after the buyer discovered or should have discovered the defect, then the seller committed a breach of expres
