What are your rights when a product you bought is faulty?

When a product you purchased is defective, U.S. law gives you several practical remedies: a repair, a replacement, or a refund. Which remedy applies depends on the product, the seller’s policy, applicable warranties, and state law. The basic legal framework includes the Uniform Commercial Code (UCC) (sale of goods), federal warranty protections like the Magnuson-Moss Warranty Act, and state consumer-protection statutes. For vehicle defects, state “lemon laws” often add stronger remedies. (See the FTC and Cornell’s UCC summary for primary guidance: https://www.ftc.gov; https://www.law.cornell.edu/ucc)

The legal foundation — quick overview

  • Implied warranties: Most retail sales carry the implied warranty of merchantability (the product will work as reasonably expected) and, when applicable, fitness for a particular purpose. These are part of the UCC (Article 2) and are automatic unless lawfully disclaimed.
  • Express warranties: Any written or oral promises (for example, a manufacturer’s guarantee) are binding. The Magnuson-Moss Warranty Act helps enforce written warranties on consumer products (FTC overview: https://www.ftc.gov).
  • Retailer vs. manufacturer responsibilities: The seller (retailer) and the manufacturer can both have obligations. Many retailers will accept returns directly; manufacturers usually handle warranty repairs and replacements under their own warranty terms.
  • State consumer protection laws: States have statutes and enforcement offices (attorney general consumer protection divisions) that can provide remedies beyond federal law.

(For more on enforcing warranty claims and timelines, see Understanding Warranty Rights: Repair, Replace, or Refund? on FinHelp: https://finhelp.io/glossary/understanding-warranty-rights-repair-replace-or-refund/)

Typical remedies and how they usually work

  1. Repair: If a defect is repairable, the seller or manufacturer often has the right to repair the item. Reasonable timeliness and the quality of the repair matter — repairs that don’t fix the defect may justify a replacement or refund.
  2. Replacement: If repair fails or is impractical, a replacement of the same or equivalent item is common.
  3. Refund: If repair or replacement is impossible or defective repeatedly, you are generally entitled to a refund. The refund should usually be a full refund to the original form of payment.

Retail return policies may give additional rights (or limits) and can vary widely. Retailers often set return windows (e.g., 30–90 days), but those policies don’t override statutory protections for defective goods.

Step-by-step action plan when you discover a fault

  1. Stop using the product and preserve evidence. Continued use can complicate a claim.
  2. Document the defect with photos, video, and dated notes. Keep packaging when practical.
  3. Locate proof of purchase (receipt, packing slip, card statement). If you don’t have a receipt, many retailers can look up card transactions or provide store credit; this varies.
  4. Check the manufacturer’s warranty and the retailer’s return policy. Note any deadlines.
  5. Contact the seller first (retailer where you bought it). Explain the issue, request repair/replacement/refund, and keep a written record (email is best).
  6. If the seller refuses or stalls, contact the manufacturer if there’s an express warranty.
  7. If you paid by credit card, contact your card issuer to discuss a dispute or chargeback — cardholder protections can help recover funds when a merchant won’t resolve a legitimate defect claim. Contact the issuer promptly and follow their dispute process.
  8. If necessary, escalate to your state attorney general’s consumer protection office or file a complaint with the FTC (https://www.ftc.gov/complaint).
  9. As a last resort, pursue small-claims court; this is often cost-effective for low- to mid-value claims. FinHelp’s guide to small claims for warranty disputes explains the process: https://finhelp.io/glossary/how-to-use-small-claims-court-for-warranty-disputes/

Practical timelines and expectations

  • Retail return windows (e.g., 30–90 days) are typical for convenience returns but do not eliminate statutory rights for defective items.
  • Warranties state repair windows and coverage periods; read the warranty carefully for requirements like registration, authorized service centers, or required notice to the manufacturer.
  • Reasonable time to repair: What’s ‘‘reasonable’’ varies by product; repeated failed repairs (commonly 2–3 attempts) can justify a refund or replacement under many state laws and case decisions.

When warranties don’t apply or protections are limited

  • Private sales (person-to-person) generally carry fewer implied warranties unless the seller made express promises.
  • Products used for business purposes may fall under commercial law with different risk allocations and fewer consumer protections.
  • ‘‘As-is’’ or clearly disclaimed sales can limit implied warranties, but disclaimers must comply with state law to be enforceable.

Using payment protections and dispute options

  • Credit card chargebacks: Card networks have dispute rules and often side with cardholders when merchandise is defective or not as described. Start the dispute as soon as you can and keep documentation. Time limits vary by issuer — act promptly.
  • Debit card and bank card disputes: These may be more limited than credit cards; check your bank’s policies.
  • PayPal and third-party marketplaces: Use the platform’s buyer-protection process and keep thorough records.

Sample complaint letter you can send (short)

[Your name]
[Your address]
[Date]

[Seller/Manufacturer name]
[Address]

Re: Refund/Repair request for [product name], purchased on [date], order #[order number]

I purchased the above product on [date]. The item failed on [date] with the following defect: [brief description]. I request a repair/replacement/refund under applicable warranty and consumer-protection laws. Please respond within 14 days with a plan to resolve this issue. I have attached photos and a copy of my receipt.

Sincerely,
[Your name]

Send this by email and, when needed, by certified mail so you have delivery evidence.

When to consider legal action

  • Small claims court: Good for disputes where the value is within your state’s small-claims limit. You don’t need an attorney; bring documentation and a clear chronology. See FinHelp’s small-claims guide for strategy and templates: https://finhelp.io/glossary/how-to-use-small-claims-court-for-warranty-disputes/
  • Attorney demand letters: For higher-value claims, a lawyer can send a demand letter that often prompts a settlement.

Common consumer mistakes to avoid

  • Discarding proof of purchase or not registering the warranty when required.
  • Waiting too long to raise a dispute — prompt action preserves rights and evidence.
  • Overusing the product after discovering a defect; continued use can be argued as misuse.
  • Assuming store policy equals your legal right — statutory protections can be stronger than store policies.

Final professional tips (from practice)

  • Keep everything in writing and make short dated notes after phone calls. In my experience helping consumers, the file you keep is often the deciding factor in disputes.
  • Photographs and video of the defect made immediately after discovery are compelling evidence.
  • If a retailer gives you a store credit instead of a refund and you paid by card, consider a card dispute if you want the money back.

Professional disclaimer: This article provides general consumer information and is not legal advice. Laws vary by state and circumstances. For legal questions or complex disputes, consult an attorney or your state consumer protection office.

Authorship note: The guidance above reflects common legal principles and practical experience assisting consumers with warranty and return disputes. Authoritative resources include the Federal Trade Commission and state consumer-protection agencies (FTC: https://www.ftc.gov; CFPB for financial disputes: https://www.consumerfinance.gov).