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Old 02-14-2016, 02:12 AM   #1
markhensonx2
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Legalities Behind A Warranty?!? Help...Anyone??

Ok so Im new to the forum so if this topic has already been discussed I havent found it yet. I apologies for my lack of forum manners. But Im in a bit of a bind and can use some advice.

So I have a 2000 323ci that I had bought two years ago that had a 2nd gear slip issue. Took it to a local reputable shop on 11/4/14 for a complete transmission/torque converter kit rebuild. $3k later I got my car back and everything has been fine. Up until recently.
It started slipping in the same gear again. Not AS much, but still a slip regardless. I take a look at my invoice and it says :

"THIS VEHICLE GUARANTEED FOR 2 YEARS OR 24000 MILES AS PER CONDITIONAL WARRANTY WHEN RETURNED TO (BMW SHOP)".

Im like "sweet!" it hasnt been 2 years and I'm still about 4k miles under warranty. So here is the problem

I pull into the shop and discuss with the owner my problem. He then kinda gives me the *inhale*.."oh see we have a problem". He then walks me out side and points to a building and says "that building over there is where we used to get our transmissions from.( sure enough it WAS in fact a building that had the tanlines of "bmw / mini" emblems in front of the store) The owner PASSED away and the building was sold and I dont know what to do"


. Now Im like.. well ****KK now what? Is the warranty void? Ive heard that I COULD be s.o.l. or this shop should still honor the warranty with who ever they use now that they subcontract transmissions and transmission work too. Does he come outta pocket ? Is there any possible refund?? Came to get some opinions. Am I d..e.d.. ded?? I live in CA. Thanks all.
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Old 02-14-2016, 05:24 AM   #2
jfoj
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Cannot comment on the legal side, but here is my view.

You agreed to have the service performed by company X. Assume the Warranty Info in written on company X's invoice, then in my book company X is responsible for honoring the Warranty.

Company X made money on you when the repair was performed. Company X decided to take you in as a customer rather than point you next door. Company X has an obligation to take care of you.

Sucks to be company X. Company X clearly sees you are in a bind and should step up even if they lose money, they should take care of their customers.

I assume legally this will be kind of how things go, but it is CA and funny things happen in CA.

BTW, your problem may be something simple like low fluid so I would hope Company X would have at least looked at the basics before telling you a sob story about how Company Y is no longer and therefore there is nothing Company X can do. Company X can stand up and do what is right for their customer or they can choose to be a sub par business and tell you too bad.
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Old 02-14-2016, 08:46 AM   #3
330ci04vert
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Good points by jfof there, kind of falls down to how reputable the company is you took your car to in the first place. If the warranty however is only through the shop that they took your transmission to, then it would in fact be void seeing how that place is no longer in business, even a lifetime warranty doesn't mean lifetime of the product but lifetime of the company. The shop you are now talking to the owner with most likely just extended to you the other shops warranty, so they may legally be off the hook further servicing your transmission for free under that warranty. Basically going to fall under the language and names in the warranty, post a picture of it or pm it to me if you'd like someone else to take a further look at it and give you a more exact answer. That being said, the shop if reputable at all should at least check things over like jfoj said and make sure that it's not just a simple problem that can be fixed relatively cheap before going to the worst case scenario, and also if they are reputable and ever want your business again they'd step up to the plate and help you get this problem resolved even if it comes out of pocket.
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Old 02-14-2016, 11:18 AM   #4
dknightd
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The way I read this is you took it to a shop for trans repair. They did the work, or, at least part of it. They gave you a 2 year guarantee on the work.
Now the shop they used for rebuild is out of business. This is their problem, not yours. They said they "did not know what to do" because they lost the owner of the next door transmission shop. And now the shop is closed. Very unfortunate. They will likely have to either learn how to rebuild trans themselves, or find a new shop to do the work for them. I'd talk to them very gently, and friendly. Let them figure out a solution. Let them know you expect them to live up to what they guaranteed. Don't mention lawyer - that just raises hackles - that is your last resort (and may cost more than it is worth). If the guarantee you received is from the shop you paid to do the work. They have to stand behind it. If the guarantee you received is from the shop next door you are screwed. Look at the paper work to see where the guarantee came from. Talk to them again. Do not be confrontational. Do not mention legal responsibility. Let them do the right thing. Document everything. You want them to admit there is a problem with the transmission, and that they guaranteed there would not be for two years. Take it slow and easy, and politely, let them know you both agree there is problem, let them know you expect them to do what they committed to on paper. The guy is probably looking for a new trans shop to do work for them. Put your self in his shoes
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