Legal Question in Business Law in Missouri

Statute of Liabilities?

I work at a small sign shop. This business was at one time part of a larger company, but we bought it out. Recently a customer called wanting signs remade. These signs were made before transfer of ownership by about 4 years. Now that company is telling this customer that we are responsible for replacing these signs. ($3500 worth) It has been 6 years and 11 months since they received their product. Can we get away with not making these for free?


Asked on 8/15/08, 11:31 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Statute of Liabilities?

I guess the issue is, what is their basis for wanting you to replace the sign? If the issue is a warranty issue (the sign faded, lets say), then the issue is the length of the warranty. If you buy a business and assume the operation of it, you become responsible for the warranty work unless you buy the business in bankruptcy or something.

Here I can't tell if they have some basis for asking you to replace the sign. The only basis I can think of would be warranty work, and I can't imagine they'd have a warranty of more than about 90 days.

If there was something unique about the nature of the contract between the old company and the company that bought the sign, such that they extended a special deal to them, etc., then you may be forced to honor it.

You have not provided me with enough facts to give you a great answer. I would suggest you consult a local business attorney as soon as possible to get some help and guidance with this.

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Answered on 8/15/08, 12:57 pm


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