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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been badly mistreated by an auto mechanic. They were

Customer Question

I have been badly mistreated by an auto mechanic. They were to rebuild my engine. the estimate was for 1595.00. The final price was 2435. While in the shop they broke my gear shift and denied it was they broke it. The engine has low pressure on oil pressure. now the truck will not run. The engine was warranted for 1yr. unlimited mileage. I have had the vehicle for three weeks. Now it want run. They are refusing to fix or check the vehicle to see what is wrong. The company is ******** engines. Owner Rafael ******
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me whether right now, you have the vehicle, or do they?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I have the vehicle it is not running
Expert:  Ely replied 1 year ago.

Thank you.

Someone in your situation may wish to consider a lawsuit against them. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may be for negligence, breach of contract, as well as a violation of the Texas Deceptive Trade Practices Act (see HERE).

In such a lawsuit, the Court may award damages of what was paid to them, what it would cost to fix it elsewhere, and legal/attorney fees plus punitive damages. You may wish to talk to counsel face to face about such a claim. Some attorneys may even take this on a contingency, meaning they do not get paid until/unless you do.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!