If a shop rebuilt my transmission but now, 30k miles later it broke and they refuse to fix it, what are my rights?

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If a shop rebuilt my transmission but now, 30k miles later it broke and they refuse to fix it, what are my rights?

I bought it my vehicle from a gentleman who had put a $6,500 racing transmission in it that is built to hold 800 hp. The warrenty was 36k miles/3years. I bought the truck 2 years ago and the transmission just gave out. I am not racing it, not hard on it at all. I’ve never used even half of the potential of the transmission. The shop that built it refused to warranty it because they say the warranty is non-transferable. The transmission is one of the most reliable designs on the market. If the shop built the transmission incorrectly (i.e. put 7 clutches where 5 should have been and 5 where 7 should have been), the most likely scenario so did not build it as the maker of the parts called for, would they still be liable for the repair? These transmissions should go for 500k miles if treated right.

Asked on June 26, 2016 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they are not liable to you unless there was a transferrable warranty--and many, possibly most, warranties are not--and it was properly transferred to you. Otherwise, since you were not their customer and did not pay them, they had no obligation or duty to them; you are, legally speaking, a complete stranger to them. So unless something in the warranty said it was transferrable and the seller did transfer it to you properly, they shop is correct: they do not owe you anything.


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