Legal Question in Consumer Law in Virginia

warranty

I purchased merchandise from a retailer that says if has a life time warranty, the company that owned the company at the time of my purchase, was bought by another company. Do they still have to honor the warranty, the retailer name has remained the same.?


Asked on 10/07/03, 2:09 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: warranty

The simple answer is "probably". This is the best reason for dealing with reputable businesses. When you buy something off a tv info-commercial where no legitimate business name or location is stated, but they offer a 100-year warranty on the sharpness of their steak knives, you can be sure the value of that warranty will last about as long as the commercial airs on television. When a company ceases to exist, whether because it's been terminated in a conscious effort to defraud consumers, or because it's stock has been purchased by a new business owner who dissolves the entity, anyone having rights against the defunct entity are just out of luck.

If the original retailer in your case actually made a warranty to you ( as opposed to merely adopting a warranty because it was printed by the manufacturer on the packaging ) and the name of the business is the same, you've got good reason for thinking you'll be able to enforce the warranty one way or another.

I'd suggest as a first step, asking the new owners whether they're going to honor the warranty. If they say "no", you've got two years in which to file suit under the Virginia Consumer Protection Act because of their fraudulent, deceptive, and misleading practices. That's assuming the cost of suing is no greater than the cost of replacing the item.

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Answered on 10/08/03, 7:53 am


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