Ifa company changes itsname, is itstill liable for product warranty and guarantees?

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Ifa company changes itsname, is itstill liable for product warranty and guarantees?

We purchased windows that provided installation and full lifetime and transferable guarantees. The company has been incorporated since 1996. Since we purchased the windows the company (who is still in business) changed their name. The owners are the same. We have some major water damage from the windows not being properly sealed/chalked. Would we have any recourse on this issues.

Asked on September 1, 2010 under General Practice, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, read the agreement and see what it says. Then I would make a claim.  The new name may be a new corporation but I would take the position that the new corporation assumed the assets and the liabilities of the old corporation and you are a liability at this point in time.  I say this because it appears that nothing has changed except the name - not the location or the ownership - nothing.  And if it came down to a lawsuit and you had toe "pierce the corporate veil" of the new corporation to show that it really just the old corporation, well, I think that you could do it. You'd have a good case.  People and businesses these days thrive on their good names and good customer service.  No one can take the chance getting a bad rep. 


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