What I am legally responsible for regarding the sale of a rebuilt motor?
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What I am legally responsible for regarding the sale of a rebuilt motor?
I furnished a motor to client at a set price for a rebuilt motor and this didn’t include the core cost. The client had the motor installed elsewhere. The client is now claiming that after driving the pickup it was consuming gas and had a check engine light with 2 codes (he didn’t mention anything else). The client is claiming that I sold him a bad motor but I had checked all the internal clearances and sizes of the components (and everything was correct). Still the customer claims that I sold him a bad motor. We had a verbal agreement that the core was to be returned and the customer didn’t. Customer contacted the automotive bureau and denies our verbal agreement. Now I’m being sued in small claims court.
Asked on May 19, 2011 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have the same obligations as any repair or service person, craftsman, or contractor, specifically:
1) To build what the agreement or contract calls for (e.g. to build to the specifications);
2) To use ordinary reasonable care--the ordinary, reasonable care which would be normal for a craftsman of your type--in doing the work, so as to avoid causing losses or damage through negligence.
If you fail to do (1), you may be sued on the basis of breach of contract. If you fail to do (2), you might be sued, potentially, in tort as well as contract. The person suing you--the plaintiff--must be able to prove his case; and you have the opportunty to present evidence in your own defense. If you are found liable by the court, you are potentially responsible for some combination of: returning part or all of the money you were paid; for the cost or repair or replacement; and for any other damage (e.g. damage done to the vehicle) caused by the motor.
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