Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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I agree with you. They're the experts and they had a duty to evaluate the problem fully and provide an estimate; and, you had the right to rely upon the estimate and that the car would be properly fixed for the estimated amount; if there is a mistake, it's they who should bear the burden of that mistake. What you want to do is raise the stakes on them. You should send them a certified, return receipt requested letter detailing the history and demanding that fix the leak at their cost within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit for your damages. BUT, be sure to let them know if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice, fraud and gross negligence causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
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