Is a private party auto warranty transferable with the sale of the car when the mechanic says it was but now is trying to back out?

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Is a private party auto warranty transferable with the sale of the car when the mechanic says it was but now is trying to back out?

My daughter bought a car from a private party only because she was told it had a 3 year warranty on the work that was done. Now that the car is having problems the mechanic says the warranty is no good because the car was sold to us after he told the lady we bought it from it was good even if it was sold. Is this legal?

Asked on April 20, 2012 under General Practice, California

Answers:

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

Answered 9 years ago | Contributor

The three year warranty is still valid.  Your daughter can sue the mechanic for breach of the express warranty.

Aside from the legal issue, the mechanic's position does not make sense.  The mechanic states that the warranty is still valid if the car is sold, but now the mechanic claims that because the car was sold after he said that, that the warranty is no longer valid.  The mechanic is saying that the warranty is valid if the car is sold but after he tells you that, then it is no longer valid if the car is sold, which doesn't make any sense.


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