Legal Question in Consumer Law in Maryland

faulty transmission work

my husband and i took a trip to baltimore.our car broke down,it was the transmission.we were towed to a shop,had to leave car and take bus back home.shop called two days later,said transmission was shot,would take 4 days to fix and cost $1,900.00 including $95.00 for towing.took a loan out to pay and went back 4 days later to pick up car.it has a 12 month,12,000 mile guarantee.two weeks later transmission goes again.called shop but they haven't gotten back to us yet.do we have to let them repair it again,we don't trust them.we would have to get it back to baltimore and then pick it up again.is there any way to get our money back and have it repaired close to home by someone we know and trust?


Asked on 9/05/01, 2:23 am

2 Answers from Attorneys

C. Michael Bradshaw C. Michael Bradshaw, Attorney at Law

Re: faulty transmission work

Your legal rights and responsibilities are governed

by the written contract you have with the garage.

In addition, there are certain warranties that are

implied under Maryland law, unless disclaimed by

the written contract i.e. the implied warranty of

fitness for a particular purpose. There may exist

express warranties in the contract.

Other options would be to forward a written

demand that the garage settle with you within a

certain time, or, you may proceed by filing a

lawsuit in Small Claims court if your suit is

under $2,500.00. Another option: file a complaint

with the Attorney General's office, Division of

Consumer Protection. They will attempt to mediate

your claim and the Office has the authority to

sanction the garage under the Maryland Consumer

Protection Act. I hope these suggestions help.

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Answered on 10/25/01, 7:01 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Don't Get Stuck in First Gear

You have legal rights to pursue a remedy. Your

timely and proper pursuit of these rights is paramount

to success. As your attorney, I will discern which

path is best and work to get you the best result.

As to your claim, the warranty provisions of the contract will,

in most cases, apply to determine the outcome. However, since the

repair was in Maryland, there are specific remedies available under

Maryland statute. Certain warranties CANNOT be disclaimed by a merchant.

For a modest fee, I will contact the repair shop and assert your rights. I

can represent you in other regards for this matter, such as filing a claim

that asserts your legal rights and betters your chances of recovery.

I want to mention that I personally had a transmission issue. My result was that,

although the shop claimed to have made the repair (at a cost of $2,800), a second repair

was made at the cost of $3,600 and included things that should have been repaired the first time.

My claim under the second repair was made outside the warranty period and the car was beyond the mileage warranted

yet fully paid by the repair shop.

It is imperative that your rights be fully protected. Repair shops have years of

experience with getting around issues and letting the consumer void their rights due to

inaction or lack of proper action. Please feel free to contact me at (410) 799-9002 if you

would like my assistance with the matter.

DISCLAIMER: Nothing in this correspondence is intended to be the provision of legal advice

and should, in no case, be construed as such. In order for legal advice to be provided, the attorney

must be knowledgeable of all relevant matters that can only be accomplished through in-person interaction.

When confronted with a legal problem, the best advice is to acquire the assistance of an attorney.

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Answered on 10/25/01, 10:12 am


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