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04 motor in an 06 Acura Tsx

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Toan

Junior Member
California

Ok, long story. About September or October of last year my car was stuck in a flood causing major damage to my motor which I had replaced by a shop. Before the engine swap was done, I talked to the shop owner and made sure that he got an 06 motor. He told me yeah of course it's illegal to put anything less than your car year. So I trusted him.

Well this this past weekend, I was changing my oil and decided to check out the vin number while I was under the car. After searching my vin online, I found out that it was an 04 model motor.

I called the shop and told him about the problem. I was told that on the receipt he had for my motor it said he received an 06 motor. He said he had proof that it was an 06 by the first 6 characters of the vin # that he had written down. Based off the 6th character he said it was an 06 motor. Now if you knew how to read a vin tag, that is the incorrect way to do it. There are 17 characters on my vin tag, the 10th character is what indicates which year the car is. There were 17 characters, but only 6 of them were written down.

After telling him that he was wrong, he blamed the wrecking yard he got the motor from. He told me they sold him the wrong motor. I told him all I want is to have the correct motor put back into my car. He then says, on his part he did nothing wrong at all. So I ask if he can speak to the wrecking yard and see if he can work something out with them. He told me he can try and get my money back or have them replace my motor but he was not going to do any free labor if I do get a replacement. I told him I was willing to pay for the labor or take it somewhere else.

I get a call back a few hours later after he talked to the wrecking yard. I was told the wrecking yard did not keep any records of sold engines that far back in time. So they could not do anything about it. The shop said he could not do anything about it either. Both parties does not want to take responsible for what happened.

What should I do? I've never sued anyone before or been in any type of law suit.
 


Zigner

Senior Member, Non-Attorney
California

Ok, long story. About September or October of last year my car was stuck in a flood causing major damage to my motor which I had replaced by a shop. Before the engine swap was done, I talked to the shop owner and made sure that he got an 06 motor. He told me yeah of course it's illegal to put anything less than your car year. So I trusted him.

Well this this past weekend, I was changing my oil and decided to check out the vin number while I was under the car. After searching my vin online, I found out that it was an 04 model motor.

I called the shop and told him about the problem. I was told that on the receipt he had for my motor it said he received an 06 motor. He said he had proof that it was an 06 by the first 6 characters of the vin # that he had written down. Based off the 6th character he said it was an 06 motor. Now if you knew how to read a vin tag, that is the incorrect way to do it. There are 17 characters on my vin tag, the 10th character is what indicates which year the car is. There were 17 characters, but only 6 of them were written down.

After telling him that he was wrong, he blamed the wrecking yard he got the motor from. He told me they sold him the wrong motor. I told him all I want is to have the correct motor put back into my car. He then says, on his part he did nothing wrong at all. So I ask if he can speak to the wrecking yard and see if he can work something out with them. He told me he can try and get my money back or have them replace my motor but he was not going to do any free labor if I do get a replacement. I told him I was willing to pay for the labor or take it somewhere else.

I get a call back a few hours later after he talked to the wrecking yard. I was told the wrecking yard did not keep any records of sold engines that far back in time. So they could not do anything about it. The shop said he could not do anything about it either. Both parties does not want to take responsible for what happened.

What should I do? I've never sued anyone before or been in any type of law suit.
Sue the SHOP in small claims court. You shouldn't have to chase this down to the shop's vendors...
 

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