Legal Question in Business Law in Florida

Manufacturer's warranty claim

I have a pending small claims court case against my company. Lawyer for the plaintiff stated in writing tha if something was done (a particular item replaced under warranty), then the plaintiff would dismiss the case with prejudice.

I did what was asked, but the case was not dismissed. Now the want 7 more month of extended warranty. Warranty expired back on March 22, 2006.

How would a small claims court judge view this? I did my part, they didn't do their part. Case was not dismissed!

Is it normal for a lawyer not to fulfill his promise?

Regards,

PR


Asked on 5/22/06, 4:19 pm

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: Manufacturer's warranty claim

This kind of conduct has become all too common and hurts the reputation of all laywers. Absent a contract that specifically states that you will extend a warranty under specific circumstances, there is no lawful reason to compel an extension of the warranty. I appears that either the lawyer or his client is using the legal proceedings for an inappropriate purpose. (Small claims are limited to $5,000, most rational people will not hire and pay an attorney to prosecute such claims on an individual basis - this gives some insight as to the type of people you are dealing with.) It sounds like there was a settlement of the suit. They made an offer and you accepted by performance. You could make a motion to enforce the settlement agreement and have the action dismissed. However, ask yourself this - What is your business? Sometimes good public and customer relations requires that you do things that are not REQUIRED. This is good for business in the long run (is your marketing niche service? does this set you apart from your competitors?). With that said, I would not be inclined to extend the warranty without a good explanation as to why they want it extended and why 7 months and exclicit written terms of what the warranty should be. The warning signs suggest that there will be another warranty dispute just before the extended warranty expires.

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Answered on 5/23/06, 11:48 am


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