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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 112719
Experience:  Attorney experienced in commercial litigation.
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Transmission on my car was rebuilt June 24 under warranty.

Customer Question

Transmission on my car was rebuilt June 24 under warranty. Within 2000 miles it had to be rebuilt again so returned it to the same garage. Notice a leak within 24 hrs after car was delivered 2nd time, called to report another transmission leak. Service writer told me it was not transmission, it was water pump. I was not told about water pump nor was it in any documentation I got when picking vehicle up after 2nd rebuild. Towed vehicle in, negotiated w/dealership on costs (me pay for pump, they pay for labor). Talked w/srvc mgr today, he did additional work NOT AUTHORIZED including $600 part plus labor. Plus now I am concerned about damage to the aluminum head. I don't want to pick up the vehicle and be forced to sign anything I don't agree with nor do I feel I should have to pay for the $600 additional part. Help
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What additional work did he do that was not authorized? Was the work necessary to make the car run once he began to work on the pump?

Customer: replied 1 year ago.
He replaced a part - water intake seal - but then said this "water" intake seal carries coolant - why would a "water" intake seal carry coolant? Wouldn't that be a coolant intake piece? I had agreed to the water pump - NOT this piece.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The issue is you have to prove that the part replaced was not necessary. The reason I asked the question is because even though you may not have authorized that additional repair, if he can prove he did it because it was necessary while he was replacing the pump and a reasonable mechanic could not make a proper repair without doing so, then under the legal theory of "quantum meruit" and also "unjust enrichment" you are getting the value of the new part and he did spend time and money to install it so the courts would allow it.

The only way out of paying for that unauthorized repair is getting a mechanic to examine the work and be willing to testify in court that the repair was not reasonable and necessary to make the pump repair and as such he should not have made it. If you can prove that, then you can get your money back, but if you want your car, you need to pay first and get the car back and then get it examined by another mechanic and if it is found unnecessary you can sue in small claims without an attorney to recover the money.