Is my father liable for a bad job a mechanic did at his shop, if he sold the business before the it was reported under warranty?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my father liable for a bad job a mechanic did at his shop, if he sold the business before the it was reported under warranty?

My father owned a mechanic shop, he did not repair Semi trucks but rather had mechanics work for him. he did a Job for a man where he repaired the engine and gave him a 6 months guarantee. The truck owner parked the truck and didn’t use it until 5 months later and apparently a bad job was done and the engine as ruined. The thing is, my father sold the business during the 4th month. My father wishes to help the owner but either way he is threatening to take us to court.

Asked on June 13, 2012 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the business were a limited liability company (LLC) or corporation (inc.), he should not be liable for the poor repair. The owner of an LLC or corporation is not generally personally liable for causes of action against a business, including in cases where the business is accused of doing a bad job, being negligent, or not fulfilling its contractual obligations. However, if the business were not an LLC or corporation, then you father could be personally held liable--in that instance, there was no separate legal entity for the business, so it was your father personally who was responsible for the work. The fact that he sold the business does not absolve him of liability for things he did prior to the sale.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption