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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I had a neighbor to install reared gears in my car he

Customer Question

I had a neighbor to install reared gears in my car he charged me 250 dollars for it and I found out today that it was installed wrong, by a Local Gear Business expert.
JA: What state are you in? It matters because laws vary by location.
Customer: Missouri
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: I confronted him about it today and asked that he give back the money he charged because the job wasn't done right and he refused.
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 year ago.

I'm sorry to hear this!

Can you tell me-

was this done in a professional setting (ie at a repair shop the neighbor worked at) or more informally - i.e. out of his garage?

And may I assume this was a verbal agreement?

Customer: replied 1 year ago.
It was a verbal agreement and the work was done in my driveway.
Expert:  legalgems replied 1 year ago.

Thank you;

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding. The contract can be oral, or written. With oral contracts, the only problem is proof, but generally that can be proven by money exchanging hands, work performed, etc. These are the required elements:
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

So for auto repair, it is generally the cost to rectify the situation-ie to hire a third party mechanic to do it properly.

Fortunately, for issues under $5,000, the small claims court is the simplified process- that information is here

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 12 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.