Legal Question in Consumer Law in Pennsylvania

In February 2010 I purchased a used SUV. By the beginning of March the motor needed to be replaced. I took it to a local repair shop that quoted me $2200. I paid the $1600 up front in cash and was told the vehicle would be done in under a week. Well a month later it was finally completed. Shortly there after it was back in the shop for what they claim was an oil leak in the rear main seal. About a week later it overheated which they claimed was because I was overdue on an oil change. (they said that the oil was too thin and caused the engine to work too hard causing the overheat. I have been told by other mechanics that is not true.) Was told that 3 sensors needed to be replaced after that (unrelated to overheat) I was able to purchase myself for far less money than they wanted to charge. Brought them the parts and they refused to install them claiming they were wrong. (only needed one and new mech installed the one I bought) Husband went to the shop at this point, was furious and probably did not behave appropriately. This resulted in them calling the police and having us be told never to set foot on their property again. I have since taken it to a new mechanic. Oil pan gasket needs to be replaced which is going to cost between $300 and $400. Was told by new guy that they either re-used the gasket or did not install it properly because it should not be bad this quickly. I was also told other things needed to be replaced which new mech claims is not true. I HAD a 24 month 12,000 mile warranty with original shop. They told police they will no longer perform any work on my truck. Is there any way I can recoup any of my repair costs? What about my warranty?


Asked on 6/28/10, 10:54 am

1 Answer from Attorneys
Rachel Hunter

Charging for unnecessary work, telling you that items need to be replaced when they don't or failing to install the gasket properly are all recoverable. The first two items make out a claim under Pennsylvania's Unfair Trade Practices Act/Consumer Protection Law.

The first mechanic has already indicated what type of business they are in how they have treated you thus far. You don't want to go back there anyway. What I would suggest is that you take the car to the new mechanic and have him thoroughly go over the car and review your past invoices from the first shop. Unfortunately, you probably do not have the old parts that were replaced so you cannot tell if they needed replacement or not. But the new mechanic can state that only one sensor needed replaced and that there was no problem installing a part which you bought. He can also state it should have cost for the work to make sure that you were not overcharged.

Depending on what the second mechanic tells you, you may be able to sue. Along with this action, you can try and see how much time would be left under any warranty and put a dollar value on it and ask for that. You can also recover for the negligent repair of the gasket.

I suggest that you get a lawyer rather than go to small claims, because the Unfair Trade Practices/Consumer Protection Law allows you to recover up to 3 times your actual damages as well as attorney fees.

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Answered on 6/28/10, 7:35 pm


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