Legal Question in Legal Ethics in California
Who is responsible?
I had a part replaced on my truck by an auto shop; the part is warrantied by the manufacturer and the auto shop guarantees the labor. The part has failed and the dealership that sold the part to the auto shop inspected it and said the manufacturer warranty is void because the auto shop did not install it correctly. Since the time of the repair the auto shop is now under new ownership, the name of the shop is the same, there's just a new owner. The new owner will not claim responsibility he says it's the responsibility of the previous owner. I don't understand why, I paid that auto shop and they're still doing business under the same name. Who is liable?
1 Answer from Attorneys
Re: Who is responsible?
Interesting question.
First, carefully read the paperwork from the previous ownership that failed to do the work properly. See if there are any provisions covering sale or transfer of business.
Write to the CEO of the manufacturer, and tell him you'll file suit, plus go to the Better Business bureau if not installed properly.
Also, notify the new owner that you will immediately go to Small Claims Court, if you are not satisfied.
Many lawsuits involve all sorts of innocent people, while the one who caused the problem is long gone.
I happen to see it the same way you do here. Because the name is the same as the shop which screwed up, and was paid, I think a judge and/or jury would find the new owner liable.
E-mail, or call, if you need more.
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