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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118085
Experience:  Attorney experienced in commercial litigation.
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Kawasaki Voyager 1200 1986 motorcycle was put in repair shop

Customer Question

Kawasaki Voyager 1200 1986 motorcycle was put in repair shop for starting issues. Mechanic felt that it was a battery problem. After tinkering with the bike it was discover to be the cluch stater. engine was disasable to get to it. It has been three month long now with no end in sight? The mechanic has appear to put my bike on the back burner and leave it out in the yard exposed to the weather as observed several times. He states that there's not enought compression on the bike and it leaks oil and did not know when the bike would be ready? It made me very upset I told him that I will give an additional month to make the repair or expect legal action. complete repairing this bike.
Submitted: 8 years ago.
Category: Consumer Protection Law
Expert:  moto-forge replied 8 years ago.

I don't understand why you would give the guy any extra time on the bike? I would load it up and take it to another dealer.

I don't know what the original symptoms were, so please let me know what those were. If the bike was turning over slowly, it would be an issue with the battery, cables/soleniod or the starter motor. If the starter was making grinding noises or slipping when trying to start, then it would be a bad starter clutch.

If the bike turns over fine but just won't start well then it has nothing to do with the starter or starter clutch.

That bike uses hydraulic adjusters and if if has been sitting for many months the adjusters may have bleed down and that may cause a lower compression reading. You would know if it leaked or or not I imagine.

Being the bike has sat so long now, you will probably have to have the carbs cleaned. Having it stored outside will only make things worse.

Please let me know what the original symptoms were so I can be of greater assistance to you.

Customer: replied 8 years ago.
This mechanic refuses to give up the bike it is disasamble entirely and he's looking to get pay. We a agreed on 20 hours of work at 50.00 dollars an hour for this job. Now iam considering court actions what are my legal options? Please advise.
Expert:  moto-forge replied 8 years ago.
20 hours? I can rebuild that entire bike in 20 hours. What is the work to be done? If you can tell me that I can look up the flatrate in my flatrate manual and tell you how many hours it should take.

I can only advise you on what time it should take and what it shoud cost. I will then transfer your question to a legal adviser.

Customer: replied 8 years ago.
please do my motor cycle is a 1986 kawasaki voyager 12cc with 65,000 miles on it good condition bike. If you can tranfer me to an legal adviser i;ll appreciate to view my options.thanks
Customer: replied 8 years ago.
still awaiting an answer to my last request.
Expert:  Law Educator, Esq. replied 8 years ago.
Your previous expert has transferred the case to the legal section for assistance.

What you have here is a breach of contract claim. When you make arrangements for repair, you are expecting to have your vehicle returned to you repaired in a "reasonable time" depending upon the nature of the mechanical problem. You are not expecting to wait for months to get your vehicle back. Thus, the mechanic has breached the contract with you to make the repairs. At this point, you need to do two things.

1) Inform the mechanic that you want the bike returned to you completely repaired within 5 business days. Do this in writing as well as verbally. If the mechanic does not complete the repairs in the 5 business days, you need to go there and make arrangements to pick up the bike.

2) If the mechanic is refusing to release the bike to you without payment, then you have to make a choice. First, you can pay up and take the bike and then you would sue him for a refund of the money PLUS the cost of any repairs you had to pay out to get the bike properly repaired. Second, if you do not want to pay, you would have to go to court to sue to get the bike returned without payment since he neither fixed the bike or put it back in the condition it was when you brought it to him. Additionally, he would be liable for any damage to the bike from it being left out in the weather, since he was a "bailee" and had the duty of the utmost care for your property and would be strictly liable for any damage that occurred as a result of his breach of that duty.

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Customer: replied 8 years ago.
Iam very glad that I received a response to my question. Nevertheless, The Breach of contract there was no agreement made in paper, but verbal and also would this be a Small ClaimS stituation if its under 7,000.00 dollars? Lastly should i contact the state Attorney Office and Better Business Bureau to midiate this matter before I Consider Small Claims?
Expert:  Law Educator, Esq. replied 8 years ago.
It does not make a difference whether the contract was verbal or written, you still have a right to enforce it. If it is under the small claims limit, it is always best to file in small claims for money damages, but if you need to go to court to recover your bike, then you would need to go to the superior court, since the small claims court cannot order a return of property. Contacting the BBB and the AG's office for mediation is a possibility, but he does not have to cooperate with them and in that case you still end up having to go to court.
Law Educator, Esq., Lawyer
Satisfied Customers: 118085
Experience: Attorney experienced in commercial litigation.
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