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Seeking California general practice lawyer, re recourse by…

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Seeking California general practice lawyer...
Seeking California general practice lawyer, re recourse by senior citizen for substandard washing machine repair by licensed/insured independent service tech, ASAP. Thanks.
Jon
Submitted: 7 months ago.Category: Consumer Protection Law
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Customer reply replied 7 months ago
especially regarding "consumer protection"
Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 7 minutes by:
9/24/2017
Consumer Protection Lawyer: socrateaser, Lawyer replied 7 months ago
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,873
Experience: Retired
Verified

NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in California – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

Feel free to tell me what's happening. I'm sorry but, I don't take phone consultations from this website, except in special circumstances, which I cannot evaluate, until you tell me what's at issue. Most of the time, I can resolve questions right here, in writing, without any phone call.

Thanks in advance for using Justanswer!

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Customer reply replied 7 months ago
Hi,
You definitely have excellent credentials, but, due to the nature of my situation (with the licensed/insured appliance service tech/owner who did totally unprofessional (incompetent) work
on my washing machine, I believe that it would be much more productive "both ways" if I were able to do a phone consult.
And, since you don't participate in that, could you please immediately opt out of my question and immediately make it available so that another attorney who does participate in the phone consult option can take my question(s)? Thank you very much in advance for your prompt action.
Jon
Customer reply replied 7 months ago
Again, you apparently have excellent legal credentials, but, I don't believe that my washing machine situation is very complicated (and, is likely "beneath" your level of expertise.) And, especially since I already am paying a monthly membership to JustAnswer (and normally have unlimited questions answered for free), in this case, your phone consult cost is high-- unless you somehow also have a lot of legal experience dealing specifically with appliance service tech issues. Please let me know, either way, ASAP. I'm online now and will respond promptly. Thanks,
Jon
Customer reply replied 7 months ago
More specifically, I'm a senior citizen who had contacted a local authorized service center for Speed Queen washers about a small leak in my 5 year old SQ washer. They said that they were backed up for four days regarding service calls, but, if I needed service sooner than that, they REFERRED me to one of their former service techs who had left to start his own appliance service business.
After they reassured me that the former tech was honest and both very qualified and competent to work on my SQ washer, contacted him. And, he came out the next day to do a $79 "diagnostic" on my washer. Afterwards, he concluded that the leak was caused by a breakdown of the seal around the hub and required major work. And, since he guaranteed "up front" pricing, he assured me that the maximum cost of the complete "professional" job (using only genuine Speed Queen parts) including labor would be $400. Since the parts had to be ordered, I offered to expedite the shipping-- and the tech gave me the specific part numbers REQUIRED for that particular job-- a hub seal, belt, and, most important, REQUIRED 3M-560 SEALANT for $60. I even called the Speed Queen Mfg tech support and they stated that IF ANY OTHER SEALANT was used for that job, it was guaranteed to fail (leak) at any time and damage the washer. And, they told me that the service manual clearly stated that several times. And, I notified the service tech about my call to Speed Queen Mfg and what they said about the REQUIRED 3M-560 SEALANT both BEFORE he came to do the repair and upon his arrival to do the repair two days later. And, both times, he assured me that he would use the REQUIRED 3M-560 SEALANT.
However, as he was doing the repair two days later, while working at my home office in a nearby room, I was surprised to hear long periods of complete silence coming from my utility room since I knew that the repair required major disassembly and included temporary removal of the large inner and outer wash tubs.
And, when I then heard very loud continuous banging, I went to the laundry room to see what was going on.
I was unpleasantly surprised to see that the service tech was repeatedly pounding a rusted metal part underneath one of the removed tubs "with all his might." As a former trades person myself (finish carpentry and general construction), I knew that instead he should have either been using a mechanical "gear puller" or pre-lubricated the rusted parts with WD40, liquid graphite, etc.
For that matter, although he had claimed to have significant experience in doing this "hub seal repair" on a Speed Queen washer, he acknowledged that he didn't have a gear puller and also did not bring any lubricant to do the job correctly.
And, after requesting that he please stop beating my washer bearing with his hammer (since, without lubricant, it was never going to loosen the rusted parts), I searched around and luckily found a small tube of liquid graphite. Amazingly, the licensed service tech didn't even seem familiar with the product or how to apply it to the rusted parts. So, I ended up applying the liquid graphite myself and then had to assist him (for at least 15 minutes) in holding the tub down-- to finally separate the parts. And, while assisting him, I noticed that the tech had the service manual open and seemed to be spending most of his time looking at it-- as if he had never read it previously.
I then returned to my home office in the nearby room believing that the tech could then promptly complete the job, but, after again hearing long periods of silence (apparently while he was reading the service manual), it ended up taking him a very long time to do so.
And, when he finally finished, and presented me the bill, he had increased the price to $500-- despite his guaranteed "up front" price of $400 or less.
When I asked him about it, he said that "it took longer than he had expected."
Additionally, while looking at his invoice, and not seeing any ABSOLUTELY REQUIRED $60 3M-560 SEALANT listed, he replied that he instead had used some sealant that he had left over from a previous job. In other words, after quoting a maximum of $400 for the repair job including genuine Speed Queen parts and 3M product and labor, he then added an extra $100 for his "time"-- while also cutting $60 plus tax off his parts cost by never purchasing the REQUIRED 3M-560 SEALANT.
And now 8 months later, as Speed Queen Mfg techs guaranteed me, the washer is leaking water on the floor of my laundry room.
Customer reply replied 7 months ago
I clicked on your phone consult tab approx 30 minutes ago, but, apparently, I did so too late this evening. However, I did include detailed background info (above) and will add more with this note. Assuming that, based on this additional info, you feel qualified to answer, please call me at your earliest convenience after 11 am PDT tomorrow (Monday.) And, if not, please respond on this site, ASAP to let me know and "OPT OUT" immediately so that another qualified attorney can respond, instead. Thanks,
Jon
CURRENT SITUATION: The (irresponsible) tech who did the hub seal repair job on my washer still has my $600 and he definitely ruined my washer (and knew that he did by not using the REQUIRED 3M-560 sealant that is mentioned in CAPS in six different places in the short 9 page service manual.) And, in addition to likely damage to the flooring and 1st floor ceiling below my 2nd story laundry room, I had to spend at least an additional 20 hours dealing with the hassle of mopping the floor and not being able to use the washer for several days. And, additionally, although I had put down plastic sheeting to protect my carpet, he carelessly got grease from the washing machine tub in several spots on my carpet in the hall.
And, now need to do what I should have done in the first place-- buy a new Speed Washer for $1100 (including delivery and installation.)
My questions: 1) Should I give him a chance to apologize and acknowledge that his "mistake" of not using the REQUIRED sealant turned my washer into a "water leak time bomb" and rendered it useless-- and agree to "settle" for the cost of the repair ($600) plus an additional amount for my "lost" hours (of another $600- $900)-- while also holding him potentially liable for any water damage that is found related to his improper repair?
And, in return, agree to NOT file a complaint against him with the Calif Contractor's Board or even discuss his " bad conduct" with the Authorized Speed Queen Sales & Service Company that referred me to him? Again, if you feel completely qualified to discuss this matter, please call me (I already clicked on your phone consult) at your earliest convenience after 11am MONDAY (Tuesday will be too late.) But, if you don't feel qualified to respond, Please opt out, ASAP so that another qualified Attorney can answer tomorrow (Tuesday.) Thanks,
Jon
Consumer Protection Lawyer: socrateaser, Lawyer replied 7 months ago

Jon:

I apologize for not getting back to you sooner, but I have been, and I am still "buried" in drafting a civil complaint for a client who is owed a very large sum of money. I will opt out and allow someone else to offer assistance.

Again, my apologies, and thanks for using Justanswer!

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Consumer Protection Lawyer: California Lawyer, Lawyer replied 7 months ago
California Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1,054
Experience: Licensed to practice in California
Verified

Hello,

I will try and help, but I can't participate in a phone call at this moment. Here are the answers to your question(s) I can provide at this moment:

My questions: 1) Should I give him a chance to apologize and acknowledge that his "mistake" of not using the REQUIRED sealant turned my washer into a "water leak time bomb" and rendered it useless-- and agree to "settle" for the cost of the repair ($600) plus an additional amount for my "lost" hours (of another $600- $900)-- while also holding him potentially liable for any water damage that is found related to his improper repair?

My suggestion is to propose a settlement somewhere less than $600. He did some repairs on your washer, and it has apparently not leaked for at least eight months. Were this to go to trial, you are going to have proof problems as to what sealant he used and as to the cause of the new leak. His time was worth something. A protracted squabble will end up costing much more in your time and money than the whole mess is worth.

And, in return, agree to NOT file a complaint against him with the Calif Contractor's Board or even discuss his " bad conduct" with the Authorized Speed Queen Sales & Service Company that referred me to him?

I would not bother. If you can settle this for the cost of a new washer, I think that is reasonable and all the court would give you if you took it to small claims court.

I hope this helps.

DCG

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