Shady Mechanic - Sue?

[dainty]

What is the name of your state (only U.S. law)? NJ

I needed a tranny for a 1992 F150. Mechanic told me $1,500 for a rebuilt tranny or $2,100 for a NEW tranny. Since I was restoring the car, I went for the NEW tranny. Got the truck back, 2nd gear drags. I call the mechanic for 3 months with no response. I take my truck to another mechanic and he tells me 1) It is NOT a new tranny and 2) whatever tranny he put in is useless.

Can I sue the mechanic I paid for a new tranny and got an old one that didnt work? On what grounds? Is it theft of services? misrepresentation?

Id like my $2,100 back... he can have his crap tranny!

Thank you for your thoughts and time*
joan*

 

[OHRoadwarrior]

What documentation do you have to prove all this? Why did you not go to the shop run by the mechanic and discuss it? What warranty were you given on the transmission?

 

[nanu156]

are you sure he didn't offer this:

1500 installed for a USED trans. (as in out of a junkyard)
2100 for a reman/rebuilt trans. (as in not NEW but re-built)

a NEW trans for a 1992 Ford would be impossible to get. Seriously, do some research, no such thing as a NEW trans even if ordered from Ford parts they would send you a reman.

So the Mechanic is FIRST liable to do the warranty work on the transmission he installed. You need to take the truck to him and give him the opportunity to make things right.

If he REFUSES to make it right then you contact the state Department of Transportation Motor Vehicles Division and make a claim. They manage his licenses and his facility license, they will investigate and determine if there was any wrong doing, then they will make the shop do what is right which may include a full or partial refund or may include fixing your car.

 

[justalayman]

I just checked a few costs. Not knowing what type of trans or engine you have, I used an arbitrary selection. OEM (frrom Ford) trans housing for one trans of that era and model was $1500 by itself. If a complete was available (doubtful) I suspect it would be considerably more than $2100.

$1500 for a used trans, even installed, seems a bit on the high side but not horrendously bad. $2100 for a new trans installed is extremely low.


Check your receipt, work order, whatever you have that describes the trans. What does it say, exactly, as to what work was done, parts installed, anything that speaks to the trans being new, rebuilt, reman, whatever.

 

[nanu156]

I just checked a few costs. Not knowing what type of trans or engine you have, I used an arbitrary selection. OEM (frrom Ford) trans housing for one trans of that era and model was $1500 by itself. If a complete was available (doubtful) I suspect it would be considerably more than $2100.

$1500 for a used trans, even installed, seems a bit on the high side but not horrendously bad. $2100 for a new trans installed is extremely low.


Check your receipt, work order, whatever you have that describes the trans. What does it say, exactly, as to what work was done, parts installed, anything that speaks to the trans being new, rebuilt, reman, whatever.

NOTE the housing is not a transmission, its a bell housing. Crate transmissions are just not readily available and are not a standard in the industry even in a dealership repair it would have been a re-manufactured (reman) install. (ford sells reman transmissions though)

A used trans per car-part.com is going to run about 500.00 cost to the repair shop. (there are about 2 dozen available for the f150 so it depends on what trans is in there) 1000 for fluids and labor isn't really that high. Figure the shop is 70-90/hr to R/R a trans and I didn't look up fluid capacity but im going to guess at about 8-10q of trans fluids, plus the shop probably did a rear main seal if they were going to install the trans... 1500 seems reasonable for a used trans in that truck to me.

2100 seems like a great deal on a rebuild. Jasper wants more than that on a Re-man and that would be parts only.

So again, I think poster is a bit off on what was actually quoted.

note I didn't pull a labor time but im going to guess it at about 8-10 hours to R/R a transmission complete. The customer probably had an R/I charge as well (remove and inspect = R/I. R/R is remove and replace)

Mork is a car guy too

 

[justalayman]

nanu156;3088083]NOTE the housing is not a transmission, its a bell housing

.this was a housing for an E4OD which does not have a separate bell housing. It was the complete trans housing...but ONLY the housing/case.

http://www.fordparts.com/Commerce/PartDetail.aspx?n=Z8DfNYI8jYLd66AQnEHi%2bQ%3d%3d&id=206595785&m=2&search=true&year=1992&make=Ford&model=F-150

Just trying to give the OP some perspective of costs of a new trans.

Mork is a car guy too

jal has done more work than he cares to think about. That was an occupation at one time. Now it's just when I or anybody I know needs work.

edit:


I hate to say it but I think we might both be wrong. Here is ford's page on 92 f-150 (currently have the search for 5.0 engine). It doesn't say anything about a reman unit... and they are only $2329.33 msrp. That seems so low given the housing itself is $1500. A torque converter is another $450-$500 (which should be replaced with a new/rebuilt trans) so that would kick it up to ~$2900-$3000 in parts. Labor is only about 4 hours (if I recall) so that would be ~$300.

http://www.fordparts.com/Commerce/CatalogResults.aspx?y=1992&m=Ford&mo=F-150#Search

It is way above the $2100 though no matter how you look at it.

btw, R&R for a FWD trans is only about 8-12 hours and usually on the lower side of that. Rear wheel drive trans are much less time.

 

[nanu156]

Im nearly sure that trans is reman on the ford site but have been proven wrong before.

I assumed it was 4wd, who would "restore" a 1992 F150 that was RWD??? lol

In any event did you go to the dream cruise this year? lol. I did... Neither of my cars for sale got sold this year, so very sad about that.... (means I have to store them for the winter because there is no longer a market for them until spring now )

In any event, POSTER start with a complaint to the state. The state is real good at putting pressure on shops to do the right thing, losing licensing means end of your shop... Thats real bad.

I don't know WHEN the work was done either, the shop could have only given you 30 days parts 90 labor, if it's in writing you are out of luck. Trans warranties are typically a year or more but I am unfamiliar with the standards for your area.

even if they billed 500 labor, + marked up a used trans (which they will do, and is their prerogative) I still see it in the realm to be at 1500.00 used.

but if he doesnt give the shop the op. to make good on this deal I doubt he would have much in the way of legal recourse.

FINALLY poster, have you been towing above capacity? Do you have the wrong tire size or anything else that could be considered abusive going on with this truck that could be the cause of transmission death???

 

[tranquility]

Car expertise notwithstanding (I am informed and believe that oil generally goes in the front and gasoline in the back.), the key is what the OP has in writing. What is reasonable to believe to some list members is not what is reasonable in an objective way.

 

[nanu156]

Car expertise notwithstanding (I am informed and believe that oil generally goes in the front and gasoline in the back.), the key is what the OP has in writing. What is reasonable to believe to some list members is not what is reasonable in an objective way.

So are you stating that filing a complaint with the state against the facility and the mechanic is not the proper next step? The state will request the invoices, review the pertinent information and has experts to review these things. The state will then suggest a solution to the shop/client. At which time they can agree to move forward as the state suggests.

The shop stands to have issues with state licensing at that point. The client will retain the right to sue. The state may chose to send out a "state parts inspector" who could in fact find that the repair was done improperly or that the state didn't supply the parts that they claimed to be supplying... This could result in the job being re-done, or the shop providing a refund.

Filing a complaint with the state is the proper next step in a bad repair situation. It is entirely possible that the initial shop did the repair properly and there was an unforeseen issue with the transmission. ESPECIALLY if it was as poster states "NEW" because the shop wouldn't have opened a new transmission prior to installation.

The "NEW" part could have been legitimately defective. We don't really know....

 

[justalayman]

Car expertise notwithstanding (I am informed and believe that oil generally goes in the front and gasoline in the back.), the key is what the OP has in writing. What is reasonable to believe to some list members is not what is reasonable in an objective way.

well, I did ask that awhile back.

nanu and I have simply been passing time while exploring possibilities while waiting for the OP to respond.





and no, didn't go to the cruise. too many issues not appropriate for this forum to explain. Would love to go (although anything on the other side (I'm on the far west side) of Lansing starts to make the hair on the back of my neck rise). Just a small town boy. Big cities give me the willies. And speaking of Willys, was at a local county fair recently and saw a real nice Willys Jeepster. This wasn't it but it looked nearly identical:

http://carsonline-ads.com/colsite/col?use=UC3_ViewPosting&cmd=showPosting&postingID=40803

 

[OHRoadwarrior]

I can't suggest OP do anything, because they have not even established they properly notified the shop of the problem. Calling and leaving messages you are having a problem, does not constitute notice.

 

[nanu156]

I can't suggest OP do anything, because they have not even established they properly notified the shop of the problem. Calling and leaving messages you are having a problem, does not constitute notice.

Typically when notifying the state you don't have to prove anything, the state won't necessarily do anything to the shop, what they will do is work as a mediator of sorts to ideally help the consumer through the process. Typically a process that consumers don't understand. It is a step that should occur prior to suit.

 

[OHRoadwarrior]

Typically when notifying the state you don't have to prove anything, the state won't necessarily do anything to the shop, what they will do is work as a mediator of sorts to ideally help the consumer through the process. Typically a process that consumers don't understand. It is a step that should occur prior to suit.

Mediate what? The shop has not been given proper notification or given a chance to inspect the problem. Nor are we aware of the terms of any warranty.