Legal Question in Consumer Law in Florida

honoring Contractual Warranty

I had my house painted by Florida Liquid Ceramic Inc. in June 2003 which gave me a written lifetime warranty against cracking, peeling, flaking, & chalking (at the total contracted price of $17,090.00). The company is now reregistered with the new name of Wallcoat Inc, however is doing the same work, same president & with the same register agent name. The President told me that he does not have to honor the warranty because his old company name no longer exists. Is this true? If not so should I proceed with small claim court or what type of attorney should I use for this matter?


Asked on 8/10/06, 7:32 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: honoring Contractual Warranty

ahhhhh . . . . you have reached an all too common type of way for a company top avoid responsibility. The company no longer exists because it has been replaced by another company, even though it is being run by the same people. Perfectly legal, with very very few and very very narrow exceptions. Almost certainly they do not apply or the cost to determine if they would apply would be more than the cost to repaint.

Next time you hear someone say how "greedy lawyers" or "greedy people" people abuse the legal system you can let them know how all to often "corporate citizens" are every bit as guilty if not more.

Alan Wagner

www.Wagnerlaw.com

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Answered on 8/10/06, 10:11 pm
Lorne Cabinsky Law Offices Of Lorne S. Cabinsky, P.A.

Re: honoring Contractual Warranty

Call my office we deal with small claims actions. I would have to read the warranty to see the language.

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Answered on 8/10/06, 11:48 pm


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