Legal Question in Consumer Law in New Jersey

I had my 1998 dodge caravan's transmission done in April 2008. I was given a 3 year/36,000 mile warranty. The transmissin needs to be replaced again (trouble started Feb 2010) I am well within both the years and mileage. When I contacted the repair shop where I had gotten the transmission/warranty I was told that the "tranny guy he used died on Christmas Eve" and that I was pretty much out of luck because he (the shop owner) was not going to honor it. The warranty was written by the shop owner on his invoice. After going back & forth a few times with him where he berated me and tried to intimidate me he offered me a third of the warranty saying I had used the car for 2 of the 3 years. He told me I would lose in court. This makes no sense to me. I am planning on taking him to small claims court and just want to make sure I am correct in that a 3 year / 36000 mile warranty is good in FULL for the entire life of the warranty and not to be prorated by each year that passes?

Andy


Asked on 4/30/10, 9:36 am

1 Answer from Attorneys
Amy Klauber Klauber & Klauber, LLP

I would have to see the terms and conditions of the warranty to properly answer this question, but if he warranted the parts and labor for 3 years/36,000 miles, it sounds like he should have to honor it. If you would like to discuss this matter further, please contact my office at 732-663-1500.

Thank you.

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Answered on 5/05/10, 3:32 pm


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