Legal Question in Business Law in California
I own an auto repair shop in southern california i purchased a used engine from a reputable junk yard about 2 months ago we installed the engine only to find out it wasnt working called them removed the engine they came and picked it up i paid cash $850.00 for the engine on pick up and they told me id get a refund. later they tell me they cant give me a cash refund for it only store credit i was arguing back and fourth with no resolve so i said ok. i made a purchase from them for $400.00 from my credit and that was fine then recently i wanted to use up my last $450.00 they keep telling me they dont have things that i need. yesterday i called about a transmission that they rgularly carry hes telling me since they dont have it in there yard they will have to order it for me from another place and i will have to pay for it the credit works only for things they have on there lot!! again arguing got knowwhere i just want my $450.00 on receipts it does not say that it just says credit nore does it say they dont return cash all it says is all parts guaranteed for 100 days. when i told him the reciet does not state return policy he told me if it doesnt say on there it just means that return guidlines are up to discrection please help me and see what i can do thank you!!
3 Answers from Attorneys
My gut instinct would be to let it go and take the loss. One of the things about buying parts from a junkyard is that sometimes you get junk. There is some possibility you could win in small claims court, but after-the-fact oral promises from employees about store credit, etc. can be hard to prove and hard to hold the company to if made by an employee without authority.
I disagree with Mr. Whipple. Since they guarantee parts for 100 days, I suggest you send a letter advising that you will file suit against them in small claims court within two weeks, unless they immediately confirm that they will give you credit of $450 in any form that works for you. Theyu got your cash originally, and they cannot keep it. They will have to pay your court costs on top of the $450 if they lose in small claims, which I think they will.
Bring witnesses from your company that will confirm what the parts dealer told your company.
Marman's right. 100 day guarantee means it. Take them to small claims if they won't issue a refund or at least let you use the credit on anything you buy from them.
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