Q: Should I sign a settlement voiding my vehicle service warranty?
I am considering signing a settlement agreement with a mechanic company after claiming damages caused during a service repair on my vehicle. The mechanic misplaced the jack stand, which resulted in the door needing replacement. Based on the evidence I submitted and a final demand for payment, I have been offered a settlement for the damages. However, the agreement includes a condition that the warranty for the service they performed (axle replacement) would be voided. Should I argue against this condition before signing the settlement agreement?
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- Oregon
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A:
Signing an agreement that voids any warranty could cause you to lose any rights you may have otherwise have had under Oregon law. I am not sure what the jack stand and door incident has to do with the work on the axle or the rationale for voiding the warranty, but I would question why that is. They may be trying to give themselves a get-out-of-jail free card here. It certainly never hurts to ask for the provision to be removed. I do not know your position or how strong your case is (or what this case is worth), but if your position is legally strong (clear-cut liability and significant damages) and the company is afraid of litigation, they might just remove it. Demanding that it be removed on a weak case could possibly cause them to revoke any settlement.
It is always best to get a fact-based legal opinion or advice when working with settlement agreements. No attorney could provide enough legal information here to really help you make that decision without seeing the agreement or understanding how strong or weak your case is. Without attorney review, you may be giving up important rights you do not know of or have even considered. If the settlement is worth anything to you, spending the money on an attorney now might help save you from getting a raw deal, or at worst, provide you with a sense of security. Feel free to contact my office or any other attorney for a full review of the settlement. I wish you the best!
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