Austin, TX asked in Small Claims and Consumer Law for Texas

Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just started ignoring my messages and are not trying to resolve anything with me when money has been paid Everytime he’s asked and never questioned him and it just seems he’s getting my for my money now and can’t even give me a finish date or anything just tells me what he thinks is the problem then doesn’t contact me for weeks

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've failed to meet the terms of the agreement (e.g., completing the work within a specified timeframe), you may have grounds for a breach of contract claim.

2. Reasonable timeframe: Two years is an unusually long time for a vehicle repair, even for complex issues. You could argue that the mechanic has failed to complete the work within a reasonable timeframe.

3. Payment: If you've paid the mechanic in full and they have not completed the work, you may be able to claim a refund or damages.

4. Communication: The mechanic's failure to communicate with you and provide updates on the repair status could also support your case.

To pursue legal action, consider the following steps:

1. Gather documentation: Collect all relevant paperwork, including contracts, invoices, receipts, and any written communication with the mechanic.

2. Send a demand letter: Draft a formal letter stating your complaint and the resolution you seek (e.g., a refund or completion of the work by a specific date). Set a reasonable deadline for the mechanic to respond.

3. File a complaint: If the mechanic does not respond satisfactorily to your demand letter, file a complaint with your local consumer protection agency or the Better Business Bureau.

4. Consult with an attorney: If the matter remains unresolved, consult with a lawyer specializing in consumer law or auto repair disputes. They can advise you on the strength of your case and help you file a lawsuit if necessary.

Remember, pursuing legal action can be time-consuming and costly. Before proceeding, weigh the potential costs against the amount you've paid the mechanic and the importance of resolving the issue.

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