Can I sue a mechanic for taking forever to fix my transmission?

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Can I sue a mechanic for taking forever to fix my transmission?

Transmission broke 6 months ago. The mechanic rebuilt and “fixed” it. From right when I got the car back it was shifting improperly. I took it back 3 months later  (less than 400 miles driven on it). The mechanic agreed to warranty labor and go back in and fix it. Since then he has been working on the car when the original rebuild job only took 3 weeks. Problems keep coming up every time he puts it back in then he needs to take it out. I need the car back; he’s clearly incompetent. Can I get the car back and sue for the cost of fixing the transmission I already paid ($2500)?

Asked on January 4, 2012 under Business Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In your situation, you should not be paying the mechanic who is working on your vehicle's transmission for the additional time spent on it since you already spent $2,500 initially when you picked it up and had to return it because it was not working. If you have paid more for the car than the initial work, the extra amount paid should be reimbursed to you.

I would give the mechanic one last chance to get the car fixed in a certain time period and if he or she is unable to do so, take the vehicle to another mechanic to get it fixed where your first mechanic would be expected to pay the fee of the second mechanic. Make sure you get written confirmation of your intent signed by your present mechanic.


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