What canI do if a transmission repair shop will not honor the warranty?

UPDATED: Dec 14, 2011

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What canI do if a transmission repair shop will not honor the warranty?

Asked on December 14, 2011 under General Practice, Wisconsin


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

Answered 11 years ago | Contributor

You can sue the transmission repair shop for breach of contract.  Your lawsuit would include a cause of action (claim) for breach of express warranty.  The express warranty is the written warranty you were given by the repair shop.  You would also have a separate cause of action (claim) in your lawsuit for breach of implied warranty of merchantability.  The implied warranty of merchantability requires that the transmission repairs be of a quality that is acceptable in the trade.

In your lawsuit, you could either seek to recover damages (monetary compensation for breach of contract/breach of warranty) which would be the cost of repairs done elsewhere.  You would need to mitigate (minimze) damages by selecting a repair shop whose charges are comparable to transmission repair shops in the area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.

Damages may be an inadequate remedy because you want to have the repair shop honor the warranty instead of paying for repaire elsewhere.  Under these circumstances, damages would appear to be an inadequate remedy.  Therefore, instead of damages, your lawsuit could seek specific performance of the contract.  Specific performance means that the repair shop would be required to honor the warranty.

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.

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