What I am legally responsible for regarding the sale of a rebuilt motor?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption