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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7451
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I paid $1,200 to have my son's engine fixed. The mechanic

Customer Question

I paid $1,200 to have my son's engine fixed. The mechanic said he could fix it no problem even though it had a blown rod. When I picked it up he said he ran like new. We drove it for 8 miles and it died. He picked it up and took it back to the shop. After looking at it said it needed a new engine. Said he found one for $900 and would put it in for free. After a few months said it was done. I wanted to test drive it for 2 weeks and if it were ok I would pay him. He said I couldn't take it because it had his engine in it. We agreed to write a contract saying on Nov 11 I would pay him $900. I added if it was in working condition and if he showed me a copy of the receipt saying he paid $900 for it. The check engine light has come on I took it and had it tested and there are three issues 2-O2 sensors and emission code. None of these things were problems before the new engine. I asked him if he wanted me to drop it off so it can be fixed right and he said it would cost another $200 per sensor if I wanted him to fix it. I told him it isn't fixed correctly and he said this has nothing to do with what he fixed. My question is do I have a case to no pay him the $900?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

I'm sorry to hear of this; a few more minutes please as I'm looking into this.

Expert:  LegalGems replied 1 year ago.

A mechanic or service provider is expected to perform their work in a competent fashion. Failure to do so may result in 2 causes of action: negligence; breach of contract. Both of these causes of action generally aim to restore plaintiff to the position s/he would have been in but for the breach/negligence- basically to "make plaintiff whole" or to restore plaintiff to the position s/he would have been in but for the breach/negligence. In order to prove negligence/breach, one would typically have a third party professional assess the cause of the issue; if it is determined to in fact be related, one would sue for the cost of repairs. One moment please.

Expert:  LegalGems replied 1 year ago.

In OH, for damages less than $3000, the proper forum is small claims court:

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/qandact_view

Expert:  LegalGems replied 1 year ago.

Before filing a complaint, it is standard to send a complaint letter, certified mail, return receipt requested to the defendant. Would you like me to locate a template for a complaint letter?

Customer: replied 1 year ago.
If I don't pay him today does he have the right to file on me for having the car?
Expert:  LegalGems replied 1 year ago.

they can file a mechanic's lien- however if the contract states it must be in working order and it's not, it can be challenged.

Customer: replied 1 year ago.
Thank you
Expert:  LegalGems replied 1 year ago.

You are most welcome. Did you have any other questions on the above? If so please post here; if I have answered your question to your satisfaction kindly rate Positively for my customer satisfaction ranking- this does not result in additional charges to the customer. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

--------------------------------------
-Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!