What to do about a voided warranty?

UPDATED: Aug 3, 2013

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What to do about a voided warranty?

An auto mechanic shop worked on my car and replaced the engine. It stated that I had a 30 day warranty on the engine. Well the engine overheated so I took the car back to the shop. However, the mechanic stated the warranty is voided due to over heating. I did not get the warranty in writing. Do I have a case? I feel like I was screwed over.

Asked on August 3, 2013 under General Practice, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An oral/verbal agreement, including a warranty, is legally enforceable, but it can be very difficult to prove the existence and the terms of the warranty (for  example: whether it would be voided by overheating) if the two people (that is, you and the mechanic) "remember" the warranty differently.  You can try suing the mechanic for breach of contract (not honoring his warranty) and/or for fraud (having lied about what coverage he'd provide), but bear in mind that you may not succeed if you have nothing in writing.

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