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I have had a vehicle in the shop since 3/20/2017. In short…

Customer Question
I have had a...

I have had a vehicle in the shop since 3/20/2017. In short the engine and turbos were replaced. After, 4 times saying the car was completed it was not. The car had several engine malfunction errors, abnormal oil consumption, and serious smoking. Myself and two other mechanics all thought the turbos they installed were bad. The shop assured me that wasn't it and said the smoking was from oil that was pooled in the entire exhaust system. I insisted that could not be the issue because I felt the oil would have burned of after a while and it did not explain the oil consumption. They insisted that this was the problem. I purchased an entire exhaust system. Long story short the car still has the same problems. I have incurred massive rental car expenses over these 8 months and was told on record they would cover those expenses but have not. The car still is not fixed and in their possession. The problem is they were paid in full when I picked the car up the first time. I need to know can I recover rental expenses, the cost of the exhaust system and labor I didn't need etc....I am out an incredible amount of money and havent had a car since mid March of this year.

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

Florida. 2012 BMW 750 LI

Lawyer's Assistant: Have you contacted the manufacturer?

No. The car has been at a mechanic shop since March

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

No thank you

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 6 minutes by:
11/27/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This appears to me as if you have a lemon under the FL Lemon Law. The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle. If the vehicle has been back to the service agent for repair of the same recurring problem at least three times or if the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, then it is presumed to be a lemon and the manufacturer must either refund you the $ for the vehicle or offer a replacement. You may also ask for the costs of your rental car fees as well as these disagreements can be handled privately and without the court's supervision.

What other questions did you have for me?

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Customer reply replied 7 months ago
Are saying that the Lemon Law covers Auto repair shops? The vehicle is at an independent auto repair shop not the dealer.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. Thank you for clarifying. If that is the case, then it's a bit different.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach including your rental fees. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

Did you have any other questions for me?

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Customer reply replied 7 months ago
Last question, what is the definition of "returned to the same position before the breach occurred"? Does that mean before I paid them the original parts and labor? I guess I'm asking what that all includes, rental fees, ?, ?, ?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, good question. Yes, basically it is all the damages financially you incurred as a result of their breach, and that would definitely include rental fees.

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Customer reply replied 7 months ago
they would still be entailed to parts cost and labor?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

No, not if they didn't fix the item. You'd be able to get that $ returned to you if you were successful.

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Customer reply replied 7 months ago
Okay thank you very much. I will attempt to find the appropriate template from the site you suggested....unless you can suggest one to use :)
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'd recommend the breach of contract one for your state (or the state where the auto repair shop is). :-). And you're welcome!

There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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Customer reply replied 7 months ago
Thank you and Excellent rating has been selected
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much!!

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Customer reply replied 7 months ago
One more thing what if they call and say the car has been fixed again an is ready for pick up before I have this resolved. Can I pick the car up and still seek my damages under breach of contract?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm so sorry for the delay. I didn't see that you had responded to me. If they say that it has been fixed again, then you could still seek for breach of contract; however, keep in mind that if you were to take your case to court, you may have a slightly more difficult time trying to prove that you suffered damages as a result. What you could do is tell them to stop working on the car or not to begin work on the car if that is the case. Even if they do "Fix" the vehicle, you could still work with them informally to try to get the complaint resolved without having to go to court . Did you have any other questions for me at all?

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