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I took my car to a repair shop to have a hatch replaced, I…

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Second opinion] I took...

Second opinion] I took my car to a repair shop to have a hatch replaced, I was told that I would have to paya partial payment ,but I paid the full amount in advance on tuesday of last week then dropped my car off saturday morning, I was told it was a one day fix. today is thursday and nothing has been done to my car so I picked it up and asked for my money back, they told me they ordered the part and it would be in tuesday of next week so they couldn't give me my money back. What are my legal options?

Lawyer's Assistant: What state is this in? And how old is the car?

This is Texas and the car is 2010 dodge caliber.

Lawyer's Assistant: Have you contacted the manufacturer?

No for what purpose?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I paid $400 to replace the hatch and services were not rendered in the time they said , iwant my money back

Submitted: 10 months ago.Category: Consumer Protection Law
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Answered in 2 hours by:
9/29/2017
Consumer Protection Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 48,811
Experience: 30 years as Texas lawyer representing consumers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 10 months ago

I would claim that they breached your contract with them to timely repair.The Courts typically look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes.

In this case UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim because they didn’t repair it within a reasonable estimate of time they quoted you.I hope you will continue to seek a refund or other compensation for the breach of contract here.

You can sue them in small claims if you have to and they will not resolve this otherwise.

I appreciate the chance to help you and wish you the best here.Thanks.

If you can positive rate 5 stars it is much appreciated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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