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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56552
Experience:  Licensed attorney helping individuals and businesses.
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AwhIle back I had an auto shop put a new motor in my car, I

Customer Question

AwhIle back I had an auto shop put a new motor in my car, I bought the motor along with some head bolts from a company in Michigan and then had it shipped to the shop where my car is. The shop installed the motor and head bolts on my car. After driving for about 500 miles I heard a ticking noise so I took the car back into the shop and they said I needed to have the lifters changed out. I had the same shop who installed the new motor do the lifter change from the ticking noise.
When the shop was putting everything back together they broke a head bolt in half and one half of the bolt is stuck down in the motor. The shop doesn't want to risk taking the broken half bolt out of the motor with worry of damaging the new motor and want to have it sent out to special machine shop.
They said that this is going to fall on me and that I'll have to cover the machine shop bill, labor from them at the shop since they have to pull the motor out of the car, and if the block does get ruined from taking the bolt out it's on me as well. The shop says this because I bought the heads bolts from another company that I bought my motor from not through them even though it would've been the same type of bolts the same brand ARP, the shop would've ordered for me. The shop says that if I would've gotten the head bolts through them they would've warrantied it and that the bolt breaking is not their fault because it had to be a faulty bolt even though they had installed the bolt once before when they first installed the motor.
They now want me to sign a form in regards ***** ***** out the motor and that I'm accepting full responsibility for what happens.
Would this fall on me or is the shops responsibility since they broke the bolt?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 2 years ago.
Hello, the shop should repair this without charge. You also should not be signing a waiver, as if something goes wrong, they should repair it. If they refuse, consider complaint to the BBB, attorney general or civil court action.
Consider also whether a local lawyer placing a call may get them to take matter more seriously and address promptly.
Customer: replied 2 years ago.
Ok because the shops only response is that I didn't buy the bolts from them so they won't warranty them because they charge more for the exact same bolts but it has their warranty or something on them which I didn't know about. What type of attorney do I need to find and how do I go about this to get the car finished? It's already been in their shop for two months before they even started working on it.
The shop said they won't touch anything on my car till I sign the form. I don't mind paying them for doing the lifters and what was originally suppose to be fixed but I don't want to pay for something they broke. The shop keeps telling me it's not their fault and that it was a faulty bolt even though it had been installed once before.
Expert:  Infolawyer replied 2 years ago.
A consumer lawyer can speak with them and help reach agreement and work performance. and are good options.
Customer: replied 2 years ago.
So regardless of where I purchased the bolts in no way should I be responsible for having to pay the get the bolt removed, the shops labor and machine shop cost? How do I get the shop to finish the car do I need to get an attorney first involved and go from there or do I have them finish the car and then take them to court?
Expert:  Infolawyer replied 2 years ago.
Precisely. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
Customer: replied 2 years ago.
How would I go about filing a complaint and do I need to do it in small claims court? What else can I say to them to maybe get them to own up and pay for it without going to court? because I feel like they're holding my car from me till I come in and sign the document pretty much saying that I am paying for all the cost to get the bolt out. When I tried talking to the shop they got very defensive in saying they're not paying for it. I just don't know where to start on how to go about this legally and to get my car fixed.
Expert:  Infolawyer replied 2 years ago.
If you dont retain a lawyer you go to local clerks office and fill out a civil complaint form with the clerk. To avoid a lawsuit you could send a letter first giving them 7 days to resolve or you will turn to a court action. That may prompt them to settle.
Customer: replied 2 years ago.
How do I need to draw up the letter to send them? What all needs to be said in it? Does the letter come from me personally or do I have an attorney draw it up?
Expert:  Infolawyer replied 2 years ago.
Better from a lawyer. It would outline the contract and warranty and demand compliance within seven days. and are good resources.

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