If a company goes out of business or changes it’s name, are they responsible for their warranties?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.