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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7440
Experience:  Just Answer consultant at Self employed
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My car has been in the shop for 8 months. when we first

Customer Question

my car has been in the shop for 8 months. when we first brought it there they said they had fix, so we went and pay them 2300$. the day we got home it did the same. so they pick it and brought it back to the shop, again they said it was fix we pick it up and it did the same thing. mind you this was prior to the 8 months. they hadn't called me for these 8 months,until today and they want 3800$ additional
what shell I do
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: louisiana
JA: Has anything been filed or reported?
Customer: I call corporate
JA: Anything else you want the lawyer to know before I connect you?
Customer: please connect me
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

Was the estimate in writing, or was an invoice provided?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
they just called today with this ridiculous quote that's why I am trying to get answers
Customer: replied 2 months ago.
r you there
Expert:  legalgems replied 2 months ago.

Yes, I was reviewing some information.

So a repair shop is responsible for abiding by the terms of the contract; so if the shop agreed to repair damage XYZ for $123, and they fail to do so, they cannot charge additional money to fix the same problem; rather the shop is committed to honoring the contract or they are in breach of the contract.

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. Offer
2. Acceptance
3. 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).

The court will expect the customer to allow the shop a reasonable time frame to repair the issue- and 8 months is not "reasonable".

One can have a third party mechanic repair the defect, and then sue the mechanic in small claims for the damages suffered (ie money paid to third party)

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

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as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care

Customer: replied 2 months ago.
what court do I take this to
Expert:  legalgems replied 2 months ago.

Small claims - you can google your county and they will have information; for example please see:

http://www.shreveportla.gov/index.aspx?NID=1044

also the state's attorney general does have free mediation services:

https://www.ag.state.la.us/Home/ComplaintDocument

Customer: replied 2 months ago.
I think they did call in a third party
Expert:  legalgems replied 2 months ago.

For what purpose?

Customer: replied 2 months ago.
to fix what their machanic couldn't
Expert:  legalgems replied 2 months ago.

OK; any information such as that will be helpful in proving that they were unable to complete the repairs. But the customer would need to take the car to an independent third party for repairs if they are not satisfied with this, and then sue for damages.

But the point is that a shop cannot charge for services already rendered, that were defective.

Customer: replied 2 months ago.
I'm sorry but let had to wait until my got home, so this is the invoice from the first time we payed them
Expert:  legalgems replied 2 months ago.

I'm sorry; I am not permitted to view legal documents as that constitutes legal advice; one would need to retain a personal attorney for that; I can only provide legal information.

Hopefully the information provided has been useful; if so kindly rate positively at no additional charge. Thank you!

Expert:  legalgems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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