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Question: Business - California

Asked on 11/4/2009
Car warranty
There is a car buyer that bought a warranty for his car. He took it to the dealer to get the top fixed (3 times). He is now suing the car corperation that sold him the car and warrany and the body shop that the car copmany hired to fix the top. There was never a contract between the buyer and the body shop. The car company was the one that hired the body shop to fix the top. Can the car buyer sue the body shop? He never paid anything to the body shop the car company paid the body shop. In other words the buyer went to the dealer through the warrany and the dealer contacted the body shop. Thanx

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


It sounds to me like the car buyer has no claim against the body shop, just the breach of warranty claim against the car company.  The car company has to live with whatever the body shop did wrong or wasn't able to fix properly;  the car company might possibly have a claim against the body shop, but that would be based on the contract between them.  If I were the attorney for the car company, I might think about bringing that claim into the buyer's lawsuit, in what's called a third party complaint.



  • Answered on 11/4/2009
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