Calling all legal minds or car owners.
If they say they will fix your car for money and you pay but the car is not fixed, what can you do?
Here is the situation- Mom has a 7 year old car. She bought it new from local dealership. Late last year it started dying. Just up and cut off, won’t start again or not for a while. Happens rarely but it is a pain to be left by the roadside.
She takes it to dealership and they keep it for a few days and then say they have it fixed, a leak or something. It costs $600. This year it is doing it again and she takes it back. They keep it a week or more and say it is fixed, computer problem. It costs $800. She drives it a few days and the same problem is back.
Does she have any way to get the money back? Is the dealership under any legal obligation to fix the car? Would it help to get a lawyer? Is there hope? Please let me know if you have any info. I thank you and Mom thanks you.
IAAL.
Go to small claims court. There’s not enough at stake to justify the expense of an attorney. Small claims court is like “people’s court” – you tell your side and they tell theirs. On a case like that I’d take you over the auto repair guy in a minute.
IANAL.
You should go see the service manager and tell him pretty much what your post says,Stella.
I don’t know about the money spent last year,but they certainly should fix the current problem at no extra cost.
It depends on the contract you signed when you brought it in, it should have a guarantee period on it. Why dont you read that?
Also, always ask for the used parts back. That way you know they did the job.
Just to clarify my prior answer, obviously if you can work it out, do so. I didn’t mean to advocate just hauling off and filing the suit. But as opposed to other ideas I have seen done in the past, i.e. hiring a lawyer, trying to “self-help repossess” your vehicle, calling the cops, etc., if they play hardball small claims court is your answer. It is designed for use by non-lawyers.
The problem you have is a matter of proof. They said they repaired it the first time. It worked fine for six months or so, and then you had problems again. They repaired something else (computer). This time, it failed after a few days. If it’s a reputable place, they should make good on the second repair. If it really is the same problem, and they haven’t repaired it yet, it’s not a reputable place. Hey, it’s a 7-year old car. Several things can go wrong. Dealerships are usually reputable.
You did not say how long after she bought the car she first had troubles. If it was right away, they should have repaired it free. Even if there is no express warranty, which there probably isn’t on a 7-year used car, there is an implied warranty of fitness (unless it was sold “As Is”). Regardless, good business would dictate that the dealer repair it gratis if she just bought it. So, apparently she had it for some time before she started to have problems.
Thanks you all.
I will see what can be done on Monday. It is hard to know if they are really trying to fix the problem or just taking Mom’s money. I guess we will be able to tell by the reaction on Monday.
The same thing happened to me. In my case, it was with my sisters car. She took it in, they charged her a thousand to fix it and sent her on her way. A week later the problem resurfaced. It was back to where it was when she first took it in.
Then I got involved.
What I did was to take it to another mechanic. I told him the whole story and told him to check out whether or not he thought she was being screwed.
The first shop I went to said she’d been taken. I asked them if they’d be willing to put it in writing, or at least talk to the people who did the work, and I’d be willing to pay for any costs that they incurred.
Then I went back to where the work had originally been done. I told them what I knew and what the other mechanic had told me and that I’d like this resolved peacefully, but I also made it known I was prepared to take it as far as it had to could go if it came to that. Basically a, “I’m going to be nice and fair with you until you start to screw with me. Then I’ll be the biggest asshole you’ve ever ran into” kinda attitude.
They pissed and moaned and said this and that but I stuck to my guns- “What are you going to do to resolve this problem” were the only things I ever said.
The result? It got fixed and it continues to run to this day <knock on wood>. It’s a hassle, but go to them with support (Another persons opinion of how they did their work) and stick to having them make you happy or you’ll make their lives miserable.
Best 'O luck.
Stellablue, I wish you gave us more info on the car because then we could find out if there is a recall on any of this stuff. In that case, 1.it wouldnt cost anything. 2. maybe you can get a refund on some of that stuff already paid for.
They used to play this game with a female in my family too. So I simply took the car in myself, cause I know how to talk to these mechanics, got it done dirt cheap & its been working just fine since.
Handy- Do you really think that they are cheating my Mother because she has a _____ between her legs, rather than a ____! Oh yes, what was I thinking! I have heard of this type of thing. So what is the trick? Do you flex your biceps or is it the smell of testosterone that makes them honest? Or is it that men only cheat members of the opposite sex? Please let me know the male secret to auto repair.
Stellablue, don’t look at me, I don’t rip women off.
They also do it to older people. I suppose they do it because they think the customer doesn’t know better. So, if someone who knows better comes in & talks to them they can’t get away with it.