Legal Question in Consumer Law in Oregon

Car repair

Paid a repair shop to put in a new diesel engine around $7K. As part of the warranty on new engine the oil had to be changed at 50, 150, 500 (etc) miles. Upon first oil change same day as pick up, regular mechanic said the new engine was leaking oil around head gasket and minor coolant leak. Returned for fix. Still leaking oil and coolant. Returned second time for several days. Still leaking. Another shop has identified same problem, and noted shop filled new radiator with ''stop leak'' product and had silicone around head gasket to prevent further leaking. Approx. cost of having ''new engine'' repaired is $2000. I'm trying to get the shop to honor their warranty but they are saying we will have to pay labor and parts for repair.


Asked on 8/29/07, 4:41 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Car repair

You need an Oregon licensed attorney to review this and give you an opinion on Oregon consumer protection statutes and the warranty.

Warranties contain an implied term of "fitness for particular purpose" which generally speaking means if the engine is supposed to not leak oil, then it shouldn't leak oil, and you should not have to pay for the labor and parts for the repair.

First rule of litigation: Don't ask the opposing party for legal advice. I know you weren't doing that, but their opinion that you have to pay is, actually, legal advice.

Look for a consumer protection attorney nearby. If you can't find one, ask your County Bar Association.

They'll know somebody.

Hope this helps. Elizabeth Powell

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Answered on 8/29/07, 7:10 pm


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