Legal Question in Civil Rights Law in Maryland

I have a question about deceptive auto repair. We had our honda towed to a local honda dealership last month due to shutting down completely on us along the highway. I suspected a broken timing belt by the symptoms of immediate engine shut down and no engine compression while turning the ignition key. Honda called the next day stating the timing chain did break but it ruined the engine, requiring a replacement on our part which would cost with labor over $3,700. Since the car is a '96 model with 167k miles the service tech stated this wouldn't be cost effective. He proceeded to inform he has a mechanic offering to buy the car for $2000 if we were interested in getting it off our hands. This immediately raised a flag so I asked them to put the engine parts they removed back together and I'd have it towed elsewhere for a second opinion. I paid Honda $89 for a Diagnostic Fee and had the car towed to Merchant Tire and Auto. The car was picked up today and in perfect running condition after they simply replaced the timing belt. I drove the car back to Honda and spoke to the Service Manager asking why their dealership told me I needed a new engine and his answer was there's no way a determination could have been made that the engine was trashed by only charging me an $89 diagnostic fee. The head would've had to have been removed which would have cost me more. He acted too busy and didn't want to look at their own invoice that was clearly typed "Broken Timing Belt, Engine requires replacement". This dealership needs to be stopped in their deceptive practices of taking advantage of the innocent public and I'm wondering if we have any legal rights? The car is worth over $5000 and if we followed their advice by selling it to them for $2000 I'm wondering if it's reasonable to sue them for $3000 plus legal fees in a civil case. Thanks for your time.


Asked on 10/01/10, 9:17 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

I have to admit, this is the first time I've heard of someone avoid a potential scam, not lose their money, but still want to sue for what the potential victim COULD HAVE lost, plus attorneys fees of course. The only person likely paying court costs and attorney fees will be you if you initiate this type of lawsuit.

With that said, the employee's actions at Honda may be criminal. For instance, it sounds as though an argument could be made that the mechanic attempted to obtain title to your car under "false pretenses". The elements of false pretenses are: (1) a false representation (2) of a material past or existing fact (3) which the person making the representation knows is false (4) made for the purpose of causing (5) and which does cause (6) the victim to pass title (7) to his property. You are certainly within your rights to call the police and file a report. You may also want to file a report with the State Attorney General's office and the Better Business Bureau. You may also consider writing a letter to Honda's corporate headquarters with evidence of your situation -- with a respected name like Honda, they may be interested to know what's going on inside their dealership auto shop. If you really want to let the general public know, you may consider calling a local media outlet.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client relationship.*******

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Answered on 10/07/10, 4:49 am


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