when should we bring a professional to small claims court?

we purchased a used engine from a reputable auto yard and had it installed by a professional mechanic. we recently found out that the engine is bad and the auto yard will not replace it with another since the place they bought it from changed ownership and won't honor the 90 day warranty. between both professionals we've spent nearly $8K but our car is back in the same condition as it went in.
We need to know how to handle this situation; do we pay for another engine and bring the auto yard to small claims? We feel it unfair to pay the mechanic again for another installation of an engine.
Any advice would help.

Thank you.
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Answers (1)

Melissa Cari Marsh

Melissa Cari Marsh

Contributor Level 7
First, the Small Claims Limit is $7,500 in Califiornia. That said, you could bring an action against both the auto yard and the mechanic.

If the auto yard warrantied the engine for 90 days, they have to honor that warranty even if the company from who they purchased the engine is out of business. If the business was merely sold, the new owner of that business has to honor that warranty with the auto yeard. However, if the auto yard merely said, so and so provides a 90 day warranty, then then auto yard may not be responsible, but the new owner from whom the auto yard purchased the engine may be responsible. An attorney should review your purchase order invoice.

As to the mechanic the question is whether the mechanic purchased the engine from the auto yard on your behalf and if the mechanic should have known sooner that the engine had a problem. More information is therefore needed to answer your question.

Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.
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