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I have a vehicle transmission that went out under warranty.

Customer Question
I have a vehicle...

I have a vehicle transmission that went out under warranty. Are you an Indiana attorney

Lawyer's Assistant: What state is this in? And how old is the car?

Indiana and the car is 12

Lawyer's Assistant: Has anything been filed or reported?

Only diagnosed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will be receiving a call from the owner of the business today who repaired the car 6/18/2016

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
12/20/2017
Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,859
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

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Customer reply replied 2 months ago
I live in Indiana. My car had the transmission changed out on June 18th 2016. The warranty States 3 year unlimited mileage. There is no other comment on the warranty. The owner of the business is having it towed to a transmission shop. Since the original warranty steaks 3 year unlimited mileage warranty, if he puts in another transmission does the original warranty rule. In other words, can he just give me any warranty and expect me to accept it.
Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

Once he honors the warranty on the transmission he installed and if he replaces the transmission, he can give a completely different warranty on the replacement and does not have to provide the same warranty on the replacement unit. So, yes, he can give you a different warranty and it is up to you to negotiate with the mechanic regarding a warranty on the replacement unit. All he must do by law is honor the warranty you currently have as written on the transmission unit it was given to you on, once he does that he has complied with the warranty and he does not have to give a new warranty if he replaces the unit. If he repairs the unit only then the warranty continues on that unit as it is the same one he gave warranty on.

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Customer reply replied 2 months ago
Thank you so much for your reply. Can you give further advice concerning the negotiation between me and the mechanic? For example, labor and parts will be approximately $2,500 and the warranty will be 3 years 75000 mile. Should I negotiate a price for that warranty, and what would you suggest as a minimum offer.
Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

I would start out asking for the same 3 year unlimited warranty on the new unit and tell him you are quite sure that this one is just an anomaly and that his work should be good enough to give you the same warranty. If he refuses, then of course you should figure out how many miles you put on in a year and try to use that as a maximum mileage on the warranty. As far as a "price for that warranty" I would not pay him anything for the same warranty (but certainly such a warranty would typically not be worth more than say $500-$750), you paid him for the work initially, so you need to tell him you want the same warranty on the new unit or you would accept a limit of 75,000 miles on the new unit, but realize you are not in a bargaining position because all he needs to do under that warranty is replace or repair the unit he installed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
If I understand you correctly: in my case the only thing I can do, since the shop he is now doing business with offers a 3 yr 75k warranty, and since he is retired is ask for that warranty. That is the best I can hope for. If he chooses to have them rebuild the original transmission I can ask unlimited mileage for the remaining term of the original warranty.
Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

The best you can hope for is ask for the same warranty to continue on this transmission installed under that warranty, but if not, yes, then the best you could expect on the new unit if they install one is what they are currently offering.

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