What to do if a transmission warranty is not being honored?

UPDATED: Sep 17, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 17, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if a transmission warranty is not being honored?

I had the transmission rebuilt in my classic car about a year ago and had a 2-year /unlimited miles warranty on parts and labor. My transmission is leaking again, and apparently, the garage that did the work was bought out. The new owners told me that they will not honor my warranty. Is that right? Do I have any legal recourse?

Asked on September 17, 2012 under General Practice, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You might not have any legal recourse--the new owners of a business are often not obligated to honor the warranties, contracts, etc. of the old business. They would only have to honor the warranty if:

1) The old garage was an LLC or a corporaton, and they bought the LLC or  corporation--the actual legal entity--not just the assets; or

2) They bought the assets of an LLC, corporation, sole proprietorship, or partnership and specifically assumed--or took over--the warranty when they did so.

In my experience, however, when a business is bought, the new owners typically deliberately do it in a way such that they are not bound by the old business's obligations, such as by buying only assets and not taking over or assuming warranties and other contracts.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption