What are my options in getting a transmission company to honor their warranty and to resolve repair issues?

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What are my options in getting a transmission company to honor their warranty and to resolve repair issues?

I replaced my transmission a year ago through a licensed mechanic, who told me the re-manufactured transmission had a 3 year 100K warranty. The transmission went out last month. However the mechanic has since closed shop. I contacted the transmission manufacturer and we worked out that they would repair the transmission if I would cover labor. I spent $770. The repaired transmission won’t go into 2nd gear, which is a new problem. I contacted the company and asked them to cover the next repair cost to pull and replace the transmission and they refused. What are my options?

Asked on August 5, 2011 Georgia

Answers:

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

Answered 9 years ago | Contributor

In addition to the express warranty (written three year warranty on the transmission), there are also implied warranties.  There is an implied warranty of merchantability which means the transmission must be of a quality acceptable in the trade (of transmission manufacturers).  There is also an implied warranty of fitness for a particular purpose which means the transmission has to be fit to perform its function of changing gears, etc.

Your lawsuit would have separate causes of action (claims) for breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose.

Your damages (the amount you are seeking to recover in your lawsuit) would be the costs incurred for breach of the various warranties.  You will need to mitigate (minimize) damages.  For example, if you have the transmission repaired, you would have to select a place whose charges are comparable to other transmission repair shops in the area.  If you select the most expensive repair shop you can find, your damages will be reduced accordingly. 


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