Legal Question in Consumer Law in Texas

Auto Repair

Tran Man:

On 9-20-04 I got my auto back with the manual transmission rebuilt, and a standard 90 day warranty. (~$1500) About 10-20 I came back in for them to check it out. Another worker did this and reported all OK. On 1-17-05 the transmission lock-up while driving down the freeway. I call the same Auto Repair shop, and they had it towed to their shop. The owner looked at it and we talked. In this conversation, he said that, his extransmission man made an honest mistake. there are 2 transmissions for that auto: 1 takes 3.5 quarts of fluid, and 1 takes 8 quarts. He believes his man got rushed and put only 3.5 quarts of fluid in... Do I pay for all of this, and than take him to small claims court to get my money back or what?

EW


Asked on 2/23/05, 12:50 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Auto Repair

The 'honest mistake' means that the repair shop is responsible for another transmission. The 90 day parts and labor doesn't cover that sort of screw-up.

If they won't do the job, you'll have to get someone else, pay for it, then take the first shop to Small Claims for the cost of replacement or repair.

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Answered on 2/23/05, 6:00 pm


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