QUESTION
Do Commercial Codes 2313-2317 (on warranty) apply to a business when it goes out of business?
Asked on Apr 03rd, 2014 on Bankruptcy - California
More details to this question:
We owned a company that did a subcontract construction job on a commercial property upgrade. The business went bankrupt and is no longer in business. The bankruptcy of the business also forced us to file personal bankruptcy. We completed the job just before the bankruptcy. The customer is now asking for a warranty from us as individuals. We do not have the money to obtain any replacement materials (if required) or skills to fix or change what was done (we used skilled employees that are no longer employed by us). Do CA commercial codes 2313-2317 still apply to us as former owners? Does it still apply to the business even though it no longer exists?
1 ANSWER
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Contact your bankruptcy attorney. It may depend on whether you listed the customers in the bankruptcy. Are the customers just asking for a warranty or are they making a claim now. Can you legally act as a contractor or did you lose your contractor's license as part of the bankruptcy. I would not make any agreement for a warranty. I do not perform legal research on this issue and will not unless paid an hourly fee. These are only preliminary issues.
Answered on Apr 04th, 2014 at 6:07 PM