What are my rights if I want to take a motorcycle shop to small claims court for bad business?

UPDATED: Sep 29, 2022

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What are my rights if I want to take a motorcycle shop to small claims court for bad business?

They have had my motorcycle for 4 months, they said it would only take a month. They don’t provide me with adequate information. I have missed out on riding my motorcycle for so long that I make payments to. Do I have a case?

Asked on September 10, 2015 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they either lied about how long it would take, or breached violated their agreement about how long it would take, or were unprofessionally negligent careless in how they tried to repair it and so it took longer than it reasonably should have, then they may be liable. But you cannot recover for anything but an actual provable economic loss. In this case, if they promised to fix it in one month, but it's been at least 4 months, you might be able, for example, to recover up to 3 months of motorcycle payments from them, if you can prove get a court to believe that they had promised the work would be done in a month.

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