How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7040
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I had a lot of custom work done by a shop just recently. Since

Customer Question

I had a lot of custom work done by a shop just recently. Since I brought my vehicle home I have had the brand new transmission fail and engine has been leaking oil. I picked up my vehicle in late January and since then I have only driven it a total of 3.5 weeks. As of yesterday it is down hard again after I had a local trusted mechanic work on the oil leaks. He pulled the leaking cover off and well the cover is pitted and corroded along where the gasket sits. That is why it was leaking. The custom work did include a reconditioned diesel motor install, they are the ones who provided the motor. I am now demanding answers from them like who did the quality assurance inspection on the motor before putting it in my Jeep. The shop that did the custom shop is Bruiser Conversions. If I do not get the answers I want by Monday I will be seeking legal advice. My question to you is do I have a chance in actually sticking it to these guys in getting a partial refund of all the work I was charged for?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 6 months ago.
If a party performs work negligently that gives rise to two causes of actions:1. breach of contract2. negligence An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.1. Offer2. Acceptance3. Intention (meeting of the minds)4. Consideration (fair value exchanged)For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair). For negligent repair, the cost of damages is usually that which is reasonably foreseeable. It is best to have an independent estimate from a third party to reference to help establish damages. Negligence has similar damages, and people will typically allege both causes of action just in case one of the causes of action has an element that can not be proven. For claims under $7500 small claims is the appropriate court: Here is a sample demand letter - most judges require the plaintiff to attempt to reach a solution before filing suit: [Your address][Your city, state, zip code][Today’s date][Name of contact person (if available)][Title (if available)][Company name][Consumer Complaint Division (if there is no contact person)][Street address][City, state, zip code]Re: [Account number or other reference to your complaint]Dear [Contact Person]:This letter is to [notify you {or} follow up on our conversation of {date}] about a problem I am having with the [name of product or service performed] that I [bought, leased, rented or had repaired] at your [name of location] location on [date].I am dissatisfied with your [service or product] because [describe problem]. I have already attempted to resolve this problem by [describe attempts and actions taken]. I have enclosed copies of my records. [Include copies of receipts, canceled checks, contracts, and other relevant documents]Unfortunately, the problem remains unresolved. I am hereby requesting that you: [List specific actions you want (such as: refund, exchange or repair the item)]1)2)3)Please contact me within [number of days] days to confirm that you will honor my request. I have prepared a complaint for submission to the proper agencies for investigation. I will not file the complaint if you resolve the problem within this time period I have indicated.Thank you for your anticipated assistance in resolving my problem. Please contact me at [telephone number and/or e-mail address] if you have any questions.Sincerely,[Your signature][Your name] Enclosure(s): [List attached document copies]cc: [Name(s) of anyone to whom you are sending a copy of this letter Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.
Expert:  LegalGems replied 6 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

Related Consumer Protection Law Questions