Legal Question in Business Law in Massachusetts

Re: Auto mechanic responsibility

You should check with the Attorney General Regulations under G.L. c. 93A. You can find them in the

Code of Massachusetts Regulations, the Secretary of State's Bookstore or you can contact the Attorney

General's Office or the Office of Consumer Affairs.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: Auto mechanic responsibility

I'm not your lawyer, for a variety of reasons, one of

which is that I haven't met or talked to you, but for someone

with your story, my feelings are that you don't need what

you've asked for, "law" regarding professional duty of a

business. Here's my thinking:

1) No matter how much studying you do between now and next Thursday,

you will not understand as much in that area as the "judge" (or

clerk magistrate) who will hear and decide the case.

[ There is one blanket law that protects consumers from

being taken advantage of by businesses, MGL Ch. 93A, but

it is vague and the judge will know more about its real

application than you; in theory you could be awarded 2 to

3 times your damages if it applies and the business' behavior

is sufficiently egregious. You ought to have had it in your

answer, I think, but if you find yourself about to win your

case, you can ask the judge or clerk to help you ammend your

answer to include it. It's somewhat hackneyed and usually

isn't awarded and generally doesn't win any points with the

judge to suggest it; it sometimes loses points. But I'd have

to know more about your case to give the advice NOT to mention

it, either! Want to call me? 617-527-0050. Better yet,

write to me at [email protected], okay?

2) Your problem doesn't have much to do with what you asked for.

If what you say is true, the mechanic is guilty of fraud; out and

out fraud has little to do with 'professional standards' et al.

The burden of proof is on them and if they lose the case, there's no

appeal available to them.

Do you know if the other side is definitely going to show up? Did they

get a lawyer? (If so, you'll be asked to identify your signature on the

work order, right? Anyway, call me and specifically ask me how to handle that.)

What proof do you have that the repairs requested failed? What makes you

think that they disabled working parts? It seems like you should have been

taking them to court.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.