What canI do if a transmission repair shop will not honor the warranty?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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