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I own an automotive shop an we had a customer come in which

Customer Question
had previously been at the...
I own an automotive shop an we had a customer come in which had previously been at the dealership and had her car checked, the car had a bad catalytic converter causing a check engine light which she was aware of before coming in and we confirmed by testing. We ordered an aftermarket catalytic converter and installed it on her vehicle, she drove the vehicle for a few weeks and the check engine light came back on. We rechecked the car and the converter we installed was defective, we replaced the converter again, a few weeks later we had another failure, we contacted our exhaust supplier and installed a upgraded converter, a month later we had another failure and replaced the converter again. During all this we had our supplier contacting the manufacturer trying to find a part to bring this to a resolution. The converter failed again and the customer turned us into the better business bureau, we replied to the better business bureau and offered to refund the $229 that we charged her for the converter, which was no accepted.
(as we were well aware of our parts problem). The customer had gone back to the dealer and was charged $1300 to replace the converter. The customer is now taking us to small claims court, are we liable to pay back $229 or $1300?
Submitted: 6 years ago.Category: Legal
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3/7/2011
Lawyer: Attorney & Mediator, Lawyer replied 6 years ago
Attorney & Mediator
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Based on the facts you have presented you would not be liable for the $1,300 unless she can prove you were negligent in the repairs. From what you present you took reasonable efforts to correct the problem, from contacting the manufacturer and replacing the converter multiple times. This shows you took reasonable efforts to fix her car. The most you would be responsible for would be to return her original payment to you ($229) for the costs incurred. She would only be entitled to the $1,300.00 if she can establish you intentionally caused the failure or you were negligent in your repairs. Negligence means you failed to follow appropriate and reasonable steps as are reasonable by the automotive business community to make the repairs. Again this would be her burden to prove and your obligation would be to show she failed to show you were negligent.




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Customer reply replied 6 years ago
Is the customer entitled to any compensation from us for lost time while waiting for repairs, We never kept the vehicle overnight but the customer had made us aware of inconvenience
Lawyer: Attorney & Mediator, Lawyer replied 6 years ago
Thank you for your reply. Again she would need to show you were negligent and unreasonable in the repairs in order to add for costs. Anyone who has a vehicle repairs is aware that it may have some unintentional inconveniences. She would need to show that you were negligent and your conduct was intentional to be able to recover lost time. So from the information you provide she would not so be entitled.





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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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