Legal Question in Civil Litigation in Maryland
Automobile repair facility ripping me off by giving incorrect recomendation
I took a transmission to a transmission shop to be rebuilt. After 60 days it was broken and the shop rebuilt it under warranty but 60 days later it again is broken. The rebuider now refuses to fix it claiming driver abuse. The Bottom line is that the rebuilder recommended the wrong lubricant (I found that out after he refused to fix it). In addition I am certain that he "doctored" the tranny to look like it was driver abuse. My certainty comes from the fact that it is not installed in the same way that I had installed it which means he had it out. Is there a breech of implied contract, i.e I went to him as an expert in the field and in the business of rebuilding transmissions and he gave me incorrect information on which I relied to my demise? Also, is there some way I can get my money back and damages? What about his failure to honor the warranty and cover up the facts?
1 Answer from Attorneys
Automotive Repair Facility Rip Off
Without seeing the actual documentation of yourrepair work, it is difficult to give you an answer.However, if the circumstances are as you havestated in your e-mail question, then it appearsyou will have an action for fraud, and possibly breach ofwarranty. Further, you may be able to bring a claim for damages to his unauthorized repairs (thepart which the mechanic put in a different placethan where you had installed it).
Both claims are very difficult to bring on apro-se basis (without a lawyer). A claim forless than 20K has to be brought in District Courtin Maryland, which, I am guessing, is applicable toyou.
Further, there is a time limit on when you can bringyour claim. Do not wait too long. I do not recallfrom your question your stating when this all happened?
Anyway, if I can be of any further assistance, andof course, if you want a free consultation, I will gladly discuss this with you in more detail.
Jamie Marthaler110 St. Paul Street, Ste 500Baltimore, Maryland 21202(410) [email protected] (my personal e-mail).
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