Transmission still under warranty and mechanic now says he does not have money to cover it.

My transmission was fixed approx. 9 months ago and it’s acting up again. The
mechanic now says he cant afford to fix it as he is having financial problems.
What are my options?

Asked on September 20, 2017 under Business Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the mechanic for breach of contract and breach of express warranty.
The fact that the mechanic cannot afford to make the repairs does not allow him to breach the contract or breach the express warranty.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs.
 


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