Legal Question in Consumer Law in Georgia

Warranty Voided

We purchased a truck at an auction 2 weeks ago.The truck was sold with a warranty of 300,000 miles or 3 years (Mack Tractor Trailer) - it is a 2005 with 3000 miles on it, so the warranty is still valid. This truck was sold after it was involved in Hurricane Katrina, but was sold (have proof on tape and in writing) with the remainder of the warranty, until we took it to Mack and they immeidately voided the warranty when they discovered the damage done by the saltwater. They are claiming that our cost to repair is over $22,000. The warranty was valid until they took the truck apart. Do we have any recourse either through the auctioneers or Mack? How can they just void the warranty when there are 297000 miles and two years left on it?


Asked on 6/29/06, 10:18 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Warranty Voided

Even if the warranty was transferred with the truck, you are still bound by the terms of the warranty. We can't speculate on what those terms are, but obviously the manufacturer has an issue. If you were sold the truck with an express representation that the warranty was still valid, you may have some recourse against the seller but that would depend on the specific terms, paperwork, etc.

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Answered on 6/29/06, 10:37 am


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