Archived legal advice/experience please!

[DCreed]

i got an auto trans in jan this year it has had catastophic failure twice each time i get the run around and endless on hold /leave a message syndrone,then they take 4-6 wks to get it back to me only to fail again! i asked for a refund to buy a better brand they said at best i could get a store credit,why would i want that?? i need the money to get a good one this time. if it was a few hundred id say heck w/it but its thousands!!! anybody been down this road?

 

[dpuckett]

I had a similar experience with the "mechanic" who rebuilt Mom's transmission in Dec 05. I never was real impressed with his work- it still has 1stGen Sloppy Convertor Sndrome, maybe worse than before. It is now out of warranty by about 30mi, and it has been shudering between 1st and 2nd gears for 8mo and about 10K mi. He said it was a driveline issue, and Mom hasnt really pursued it any further. Now it wont hardly hold 70mph empty. I am interested in some recourse from this fraud, if for no more than his labor charges.



Daniel

 

[y-knot]

Both of you need to read the agreement for each companies warranty statement. picket is just plain out of luck and time, if your warranty (which you confess expired 30 miles ago) has expired then you have to eat any future repairs. Question Pickett... ... If you were never that satisfied with the work the guy did, then why would you give him more work by asking him to rebuild your automatic???that makes no since at all. Most likely he gave you the lowest price and you went with it.

The first guy has been through the wringer, two failed transmission in a row would make any one angry. I'm sure his warranty statement has an clause about replacement or store credit, but in my eyes he has failed to deliver the product all together. This would seem to me grounds for a full refund, but I bet you would need a lawyer to get it out of him and he will get a 1/3. Knowing this you might try negotiating with him for say 75%.

 

[dpuckett]

By his work, I meant the job he did on the rebuild; I had no prior experience with him. It was my mom's pickup, and her money, and I agree, you get what you pay for.



And you are right, she will just have to eat the cost of the low price. I was more just stating that there are many mechanics out there (I'd dare to say a majority) who are only after a quick buck and that one needs to watch out.



DP

 

[Rudity23]

but I bet you would need a lawyer to get it out of him and he will get a 1/3.

Normally the warranty contract will have a clause regarding prevailing attorney's fees. That means that the attorney will be paid in addition to the judgement.



What this means is that you will need to go to the company with a demand letter that states exactly what you want. If you want to give them another chance, go ahead, but I would ask that the warranty company cover the costs of having another transmission shop replace the transmission. That means towing to the new shop, etc.



They will probably try to just refund what you paid for the warranty but that leaves you without warranty and without a trans.



If they don't want to make things right, hire an attorney that specializes in lemon law cases. This is a different case but the way you proceed in court is similar. They will know what to do from there.



Rad