Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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The shop is in breach of contracts and your son should raise the stakes on the shop. They're the experts and your son had the right to rely upon their estimate; if there was a mistake, it's the shop who should bear the burden of that mistake. What your son should do is raise the stakes on the shop by sending them a certified, return receipt requested letter detailing the history and demanding that they release his car for the $1300 as estimated within a short specified period of time. He should inform them that if his demand is not timely complied with, he will have no choice but to file a suit for his damages. BUT, he wants to be sure to let them know if he's forced to file this suit, he will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud causes of action, which will entitle you not only to his actual damages, but also an additional amount equal to multiple times his actual damages as punitive damages. That should provide plenty of incentive to comply with your son's demands; but, if it does not, he should file suit.
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