Can someone tell me who is responsible

In December, I took my van to M and R Service Center, a small town shop, and was told that my transmission needed to be rebuilt. I had the work done, and picked up my van on Dec 14. I was told that there was a 6 month warranty on the work. The next week, I found out that the computer that controls the transmission had to be replace, so M and R did that as well, for an additional $120.

Well, last Friday, the transmission went out on my way home, at night, on an unpopulated back road, with my 4 children in the car! On Saturday morning I called the M and R shop, and found out that they were no longer in business, the shop had closed permanently.

I managed to find the owner’s home number, and he told me that he didn’t do the actual work on the transmission, he had only installed the new computer, he had turned the van over to Day’s Transmission, in another town about 20 miles away. Greg, the owner, said that I would have to get Mr. Day to make good on the warranty. (Keep in mind that there is only approx. 3 weeks left on this warranty!) Come to find out, Day’s Transmissions is some guy working out of his backyard.

I have called repeatedly, spoken with his wife, his child, and left messages on his answering machine. Mr. Day has not returned my calls. I called Greg(M and R owner) back, now he’s not available. I’ve left messages, and he hasn’t called back. I beginning to think it’s a conspiracy to let the warranty run out, or that I’ll just give up!

Can someone please tell me who is legally responsible for making good on the warranty on the transmission rebuild? The former owner of M and R, or Day’s Transmissions? Also, if it turns out to be the computer, that M and R did replace, causing the problem, what can I do about that?

If M and R service center was a sole propriatership, then the owner of M and R would be responsible; however, if it was a sub-chapter S corp, then you are probably out of luck. Odds are you could get the transmission repair paid for under warrenty, but not without taking them to court and paying as much in lawyer’s bills than just doing the repair yourself would cost you [not to mention saving you some heartache]. I wish I could say something more optimistic; but it looks like you got the short end of the stick.