Legal Question in Business Law in Georgia

,Hello -- I am the owner operator of a Travel and Tour bus company. I purchased a bus from Diamalier in NC for $395,000 back in March of 2009. 2 hours after my pick up of the bus it broke down. This was the first of almost 20 breakdowns in a years time. Several of which happened while on paid tours. There were several repairs done until Diamailer finally decided to stop paying for repairs. Can I seek damages for jobs lost...stress..and damaged reputation? We estimate that there were about 300,000 dollars in jobs lost because of bus breakdowns.


Asked on 12/09/10, 8:48 am

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You don't even mention facts to show the dealer/seller is liable for repairs, much less the other items. While lawyers don't typically give absolute answers based on a couple sentences, it would be highly, highly unlikely for you to have such claims.

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Answered on 12/14/10, 8:53 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I have to agree with the other attorney. What does your contract of sale with Daimaller say about a warranty period, repairs, disclaimers, etc? It is fairly standard for these contracts to disclaim any and all liability for loss of use, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/14/10, 9:06 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You left out the information needed to answer.

Did you have a warranty? What does your sales contract say?

Depending on that you may have no rights at all (likely) or you may have some (less likely).

Since you omitted details, all we can do is guess.

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Answered on 12/14/10, 7:04 pm


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