Legal Question in Business Law in California

Well, that depends on what is written in the warranty. Do you have a copy of the warranty to see who is actually warranting the product? Are you sure that the company is out of business and also the suppliers of the parts to that spa?

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney

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No, a manufacturer's warranty is just that, from the manufacturer. Depending on the paperwork the store uses, and depending on what is wrong with the spa and why, the store may have liability under the implied warranty of merchantability under the California Commercial Code, but that would be a stretch, especially considering how long the spa did work.

As a Franchise Attorney I can only add the following. Unless you purchased an extended warranty from the store, or they also state honoring the manufacturer's warranty, you're out of luck. Consider this on your next spa. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Products come with two kinds of warranties, express and implied. Express warranties are those that appear in black and white somewhere in the contract of sale. It would be unusual for a store to participate in an express warranty, and generally if it did, it would be more like a 30-day return policy rather than an extended warranty such as a manufacturer would give.

An implied warranty is a more fuzzy and general promise that the thing you bought is built safely and will function reasonably well for a reasonable period of time, and will not cause bodily injury to the buyer or the buyer's household or guests. A store would probably be liable on such a warranty, particularly as to safety, but I sincerely doubt it could be held liable after four years because the article needs repair.

I agree with the attorney who suggested seeing if the manufacturer, although out of business, has a successor. Express warranties sometimes survive mergers.