Legal Question in Consumer Law in Virginia

Auto repair warranty language

Warranties for auto repair shops often include exclusions that render the warranty void if corrective action to a problem is taken by anyone other than the original repair shop. But each warranty also includes provisions similar to the following language: ''Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.'' My question is how to find out what a particular state includes and excludes (in my case, the Commonwealth of Virginia)? Thanks very much.


Asked on 5/29/08, 2:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Auto repair warranty language

The Commonwealth apparently requires a contractual relationship between the seller and buyer of the repair shop services in order for the latter to be eligible for an award of consequential damages should the latter seek to bring suit against the shop. However, since a contract will normally exist in this type of situation between seller and buyer, consequential damages should be potentially available to the consumer who seeks recourse against the shop through litigation.

However, where there is no such contract between

a buyer who seeks, for example, perhaps, to bring suit for a defective part against a third party manufacturer to enforce an implied warranty of merchantability, consequential damages apparently would not be available to a consumer plaintiff in this type of situation under current Virginia law in the absence of a valid contract. See Beard Plumbing and Heating Inc. v.Thompson Plastics Inc. et al, Record No.970131 Va. Sup Ct. (1997).

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Answered on 5/31/08, 12:30 pm


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