Legal Question in Consumer Law in Illinois

Mechanical work not done

We had brakes done on our car in May 2001. We signed for rotors and brake pads to be replaced. We brought our own brake pads (bought at a different store because Farm and Fleet was out of the brake pads we needed) to Farm and Fleet to replace them and they agreed to do the work. The brakes were just redone today (Feb. 23,2002) and the original pads were on there. We know they were not replaced because the pads we purchased were red and the pads taken off were black. We don't have the pads that we purchased because we gave them to Farm and Fleet to install; the rotors were replaced. Am I legally entitled to get any compensation for work not done properly by an mechanic and is this consumer fruad?


Asked on 2/24/02, 12:01 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Mechanical work not done

The likelihood of success on your claim turns on questions of fact, not of law. In other words, if you can satisfy a fact-finder (whether a jury or, in a bench trial, a judge) that you, in fact, had "red" pads that were not on the car, you will prevail on your breach of contract and fraud claims, assuming there is not more to the story than you are relating in your question. Whether your "say-so" without more will convince a fact-finder can be answered equally by your guess as mine.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 2/24/02, 12:57 am


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