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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118720
Experience:  Attorney experienced in commercial litigation.
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I took my 1999 Dodge Ram pickup into a shop in Carlsbad New

Customer Question

i took my 1999 Dodge Ram pickup into a shop in Carlsbad New Mexico to have warranty work done on it, he told me when I dropped the truck off that it would be 100% covered, then two days later the Man called me and said that their may be a $50-$100 charge and j told him that would be okay, then the next day he called me and said that the part ended up not being covered in the warranty like he told me it was, so I asked if I would be able to pick the truck up and wait on the repairs because I wasn't prepared to pay the $1050 total that he said it would be, he said no sir I'm sorry we already replaced the part with a new one and you truck is ready to pick up but you must pay the $1050, is this justified? I feel like I should have to authorize the new repairs when the total changed but I was not even notified until they were done.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, under NM law, they do not have to provide a written estimate for work under their laws. This means that when you brought the truck in for service and did not specifically tell them if the warranty would not cover it or it would be more than a certain amount, they could legally take that as implied consent to make repairs. NM also follows the legal theory of "quantum meruit" meaning the mechanic is entitled under the laws of equity to get paid for the work done and to not hold you as owner of the truck liable to pay for the work done on the truck would be deemed "unjust enrichment" under the law as you are getting the benefit of the new part and a working truck.

So, I am afraid that even though they did not get a specific authorization, the NM law is silent about this which allows them to do this and you are liable for those repairs.