If a company goes out of business or changes it’s name, are they responsible for their warranties?

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If a company goes out of business or changes it’s name, are they responsible for their warranties?

Asked on July 16, 2011 under General Practice, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If it just changes its name--if it's the same corporation, or LLC--then it is still responsible. If it was a sole proprietorship (e.g. a "d/b/a") or partnership, then the owner(s) are still responsible regardless of whether it changed its name or went out of business.

However, if the company was a corporation or an LLC and did not merely change its name but did in fact go out of business, then:
1) If the company still technically exists--i.e. it hasn't been dissolved--then it technically is still responsible, but if its out of business, there's no way to get the warranty fulfiled--there's no money, no operations, etc.

2) If the company has been dissolved, then there is no longer even anyone who is technically responsible for the warranty; with corporations and LLCs, the owners are not personally responsible or liable.


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