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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33504
Experience:  Retired (mostly)
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few weeks ago i stopped at a kragen parts store to pick up

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few weeks ago i stopped at a kragen parts store to pick up some oiland a filter to give my ford probe its routine change. looking for the book on oil filters couldnt find it so i had to go up to the parts counter and asked the guy and while he was looking it up i said the number for the bosh filter is 33?? couldnt rember the exact numbers cuz last oil change i used a fram filter which is cheaper but also the numbers arent even close. anyways guy tells me its a 3332 filter so i go grab it real quick put it on the counter next to my oil that i already had set there guy rings me up (same guy) and home i went. this was early evening. about 10 pm that same evening i changed my oil like i have done sinse i was 16yrs old actually had a gardening buisess at 13yrs old so been changing oil for about 30yrs might add mixing two stroke never burned up a motor until that night. the filter i put on the counter was a 3332 almost the exact same size as the right one which is a 3323 the differance in outside diamiter is at most 8th inch larger which when changing it it looked like could have been differant but then i checked as far as i could around filter all looked good no leaks but hadnt started it yet, so jump in car make it 3 ir 4 miles and all of a sudden i smell smoke i thurn off engine an look at gages had no oil pressure and yes the key was on.so blew up my motor called kragen explained very nicely what i had felt happened and the district manager was suppsed to call me and never contacked me. the lady i spoke to i told her what happend and all i wanted was about $500 thats what i recentlly had paid for that motor an told her thats it now my question is do i even stand a chance?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 1 year ago.

Hello,

Cal. Commercial Code 2315 provides, "Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."

So, at this point, the seller's informing you that the 3332 filter was the correct product, operated to create a warranty under Comm. Code 2315.

If the parts store provides conspicuous notice that parts are purchased "as is" or "with all faults," then the above-described warranty would be void. Such a notice disclaimer would be invalid, if it is produced on a sales receipt provided to you after or at the same time as your purchase is made. The notice/disclaimer must be conspicuously displayed to you prior to the purchase.

The manufacturer, likely provides a limited warranty on the package, which, if visible to you, would be enforceable to leave the manufacturer free of liability. But, this would not protect the parts store.

The big issue here is probably not the existence of the implied warrant for a particular purpose. It is whether or not you can prove that the salesperson gave you the incorrect part number.

In order to prove that, you probably would have to have a friend visit the store and ask the same salesperson the same questions and see if he provides the same answer. If he does, then you could possibly argue that it was the salesperson's habit to make this recommendation.

You may also be able to subpoena the security camera video and show by the actions of the salesperson that he recommended the 3332 part.

But, the botXXXXX XXXXXne, is that as the plaintiff, it's up to you to prove that the recommendation was made, and that it was incorrect. That would be a breach of warranty, and the parts store would be liable for your damages as a consequence.

 

You could sue in small claims court without a lawyer.

Hope this helps.

socrateaser, Lawyer
Satisfied Customers: 33504
Experience: Retired (mostly)
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