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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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A transmission repair shop in Florida rebuilds a transmission

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A transmission repair shop in Florida rebuilds a transmission for $1,200 which has to go back to their shop the next day because only two gears work 80% of the time; and returns six more times after that without still shifting through all four gears. They put three "experts" on it, from three locations they have. What is the owner's option to recover money paid that obveiously went for work not done, or not done correctly? More specifically, is the original $1,200 to be returned after all they "tried" to do, or would they be liable for the vehicle going to the dealer, getting fixed right, and paying for that?
This would be considered breach of contract and negligent workmanship as well as breach of warranty. If they cannot fix the car in a reasonable time, and 6+ times is not reasonable, then you have the right to take the care elsewhere for repairs and sue the other shop for a refund of your money or cost of having another shop repair it correctly. If the shop refuses to agree to allow you to take it to another shop for repair and refuses to refund your money, you can take this matter to small claims court without an attorney to sue for a refund of your money paid for their negligent work as the most they are liable for is the amount of money you paid them for the improper work (unless they caused other damage which exceeds the amount you paid them).

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Customer: replied 3 years ago.

Paul, it sounds like the "cap" on their liability with regard to the transmission (unless they did other damage TO the transmission) is limited to the $1,200, even if the rebuild at another shop is more; is that correct? Also, would they be liable for costs? (Filing fees.)


You are entitled to any actual damages you can prove that they caused. Thus, if they caused more damage to the transmission than there was in the beginning, they would be liable for paying for that damage, thus if they improperly rebuilt it and you have to have it rebuilt again, they would be liable for the costs and I did not mean to imply that they had a real cap, it was just a general statement that usually ends up happening in these cases that the damages usually do not exceed what you paid initially for the repairs. They would be liable for filing fees as well and you include those in your damages.
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Customer: replied 3 years ago.


Great. As always, thanks!

Thank you.
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