Legal Question in Consumer Law in Massachusetts

mechanic touble

Last month i brought my car into a shop because i hear a serious noise and feel a shuddering. They tell me the transmission is bad and they will replace it. I pay $1600, but 2 days later the noise and shudder return even louder so i drop it off again. A week later i pick up my car...same problem. talk with the owner and he orders new parts, says parts will be there in 3 days and that i can drop off my car on monday. monday comes, no parts. that was 2+ weeks ago. they tell me the shop owner needs to call to find the part. its seems like nothing i do can motivate them to find out for me. when do i give up on them and whats my next step in my small claim(if i have one)? also, how much am i looking at for lawyer fees for advising? thanks


Asked on 2/18/04, 4:29 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: mechanic touble

A review of all repair invoices would be necessary to determine if you have exhausted the reasonable opportunity to cure that the repair shop would have and if a true inability to obtain parts gives them a legitimate extention of time to cure. The average attorney's fee to review this would be @ $150 per hour. Should it be found that the repair shop violated the consumer protection law you may be entitled to recover reasonable attorney's fees as part of your damages, but not otherwise. Should you have further questions, I may be contacted @

JOSEPH M. MURRAY, ESQ.

56 NORTH BEDFORD STREET

EAST BRIDGEWATER, MA 02333-1173

(508) 378-3944

[email protected]

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Answered on 2/19/04, 12:25 pm
Nance Lyons Law Office of Nance Lyons

Re: mechanic touble

Under MA law a repair shop is required to keep the parts they replaced. Further, there is an implied warranty that the work done repairs the defect. You may bring a cliam under the MA consumer protections statute BUT ONLY AFTER YOU HAVE WRITTEN A DEMAND LETTER reciting the facts of the case, the damages you a claiming and the amount of those damages. The letter should state that "this is a demand letter under the MA Consumer Protection Act, Chapter 93A/. The shop has 30 days to respond with a reasonable offer in settlement of your claims. if they do not make a reasonable offer, you sue in small claims court for breach of the implied warranty and for violation of 93A. If successful, the court may award attorney's fees and double or triple your actual damages if it believes the failure to repair was intentional. Send your demand letter certified mail, return receipt requested. Keep a copy and staple the return green card to the letter.

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Answered on 2/19/04, 2:27 pm


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