What to do if I took my car to a mechanic last year to get my transmission rebuilt but it keeps breaking down?

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What to do if I took my car to a mechanic last year to get my transmission rebuilt but it keeps breaking down?

I paid $1700 for them to rebuild it and they said it came with a year warranty. Since then it has been in the garage 5 times and had the transmission rebuilt 3 times. This last time they had my car for over a month; I got it back but 2 days later it broke down with transmission trouble again. They have had it for a week now and I’ve called them 3-4x and they won’t pick up the phone. I want the car back so I can sell/trade it but to do that I need it in working condition. I don’t know if I should file a lawsuit or go and try to get my money back from the warranty. What should I do?

Asked on February 26, 2013 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try to enforce the terms of the warranty: a warranty is a contract. If the issuer of the warranty (whether it's the mechanic or the manufacturer) will not honor it, you could potentially sue for breach of contract to recover compensation. If it looks like you are not getting adequate compensation from the warranty, you could try suing the mechanic, such as for professional negligence (doing a careles job).


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