Atkinson v. Elk Corp. of Texas
Building materials purchased by contractor at homeowner's behest so that contractor would add them to homeowner's existing residence were not purchased "as part of real estate covered by a written warranty" within meaning of federal regulation and thus were consumer products for purposes of Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. Duration of implied warranty of merchantability under Magnuson-Moss is determined by state law, and in California is one year.
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