Legal Question in Consumer Law in Massachusetts

Paying for mistaken estimates on work to be done.

An air conditioning repairman said we had a leak in the valve leading to the compressor and that the compressor would have to be replaced, costing, at a minimum, $500. Since the compressor was a year old we called another repairman who fixed the the leaking valve for $290, saying there was nothing wrong with the compressor. A gas utilityman evaluating our air conditioner also said there was nothing wrong with the compressor. The air conditioner works fine now with the leaks repaired. The first, mistaken, repairman wants $130 for his misdiagnosis of the problem. We do not think we should have to pay for the first estimate since it was wrong and would have been so costly. The first repairman says he'll take us to court if we don't pay. Is the law on our side?


Asked on 9/03/03, 9:55 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Paying for mistaken estimates on work to be done.

Let him take you to court - it will be small claims court. One he sues you, you want to countersue under the consumer protection law, Ch. 93A. If you succeed you get your damages,(doubled or trebled), costs and attorney's fees. If you have no actual damages, you get $25 plus the otehr bennies noted above.

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Answered on 9/03/03, 10:16 pm


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