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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33914
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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5 weeks ago I took my vehicle to a shop, to get some work done.

Customer Question

5 weeks ago I took my vehicle to a shop, to get some work done. Now the mechanic informed me ,that he has completed the job and I owe him $800 . The problem is the car does not start now and he wants me to take it somewhere else. The work performed was a water pump and timing belt. I am not refusing to pay . But I am afraid that he might have done the timing wrong and that because of his negligence . I will have to pay this amount to another tech.Not sure how to handle this , without losing any rights.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Is there a specific question with which I could assist?
Customer: replied 2 years ago.
Do I still have to pay him even though my car is no longer in running conditions?
Expert:  Dwayne B. replied 2 years ago.
The simple answer is yes.
Even if you have some kind of proof that he did something that caused the problem you would still be obligated to either 1) pay him or 2) file a lawsuit to have the court state that you do not owe him. The problem with not paying him is that you will start incurring storage charges at some point.
The best thing to do is pay him, take the vehicle somewhere else to establish what is wrong and that he caused it and, if he did, then to sue him for what it costs to get the vehicle fixed.
The law doesn't allow for one side of a contract to unilaterally decide that they are choosing not to fulfill their obligation if the other side has performed their part. While I understand it is your belief that he did something that caused the problems you now have, and I certainly understand why that is your belief, it doesn't mean that he isn't entitled to be paid for the work he did do. It just means that if he was responsible he would be liable to you for the damages he caused.
Customer: replied 2 years ago.
Thank you very much for your time. That was what I was thinking as well .
Expert:  Dwayne B. replied 2 years ago.
You're very welcome.
If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread.