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Auto repair nightmare

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bobsalas

Member
In Oregon.
In August I took my car in to have the engine swapped with another the shop owner warranted to be in good condition.
After 4 weeks I got it back only to notice a tapping sound and bourning oil smell.
I immediately returned it. I got it back about 2 weeks later and was assured everything was repair.
It still had the tapping sound, but I decided I could live with it. About 2 weeks late I noticed the oil light comin on at idle.
I immediately returned to the garage and he suggested I wait until after Thanksgiving as he was going on vacation shortly and could not work on it until after then.
In late Novemeber I called him and he said he would locate a good engine and perform the swap for me. He suggested I keep driving the car untilhe located a suitable engine.
After several weeks of run around, I delivered the car to him on Dec 16.

And there it has remained. I call him every week only to have him say he is working on it and it should be this same time next week. When I call the following week, he makes up a new excuse. One week he told me he had just pulled the engine out that day, the following week he tells me he is getting ready to pull the engine out that day.
I am afraid to stir up too much troulbe with this guy as he could sabotage the car, which is a very nice 96 Jimmy.
I do not know what to do and am wondering if I have a small claims action. Is 10 weeks in his possession unreasonable? I am still making payments on the vehicle but am deprived of it use.
Do I have a case?
 


BL

Senior Member
bobsalas said:
In Oregon.
In August I took my car in to have the engine swapped with another the shop owner warranted to be in good condition.
After 4 weeks I got it back only to notice a tapping sound and bourning oil smell.
I immediately returned it. I got it back about 2 weeks later and was assured everything was repair.
It still had the tapping sound, but I decided I could live with it. About 2 weeks late I noticed the oil light comin on at idle.
I immediately returned to the garage and he suggested I wait until after Thanksgiving as he was going on vacation shortly and could not work on it until after then.
In late Novemeber I called him and he said he would locate a good engine and perform the swap for me. He suggested I keep driving the car untilhe located a suitable engine.
After several weeks of run around, I delivered the car to him on Dec 16.

And there it has remained. I call him every week only to have him say he is working on it and it should be this same time next week. When I call the following week, he makes up a new excuse. One week he told me he had just pulled the engine out that day, the following week he tells me he is getting ready to pull the engine out that day.
I am afraid to stir up too much troulbe with this guy as he could sabotage the car, which is a very nice 96 Jimmy.
I do not know what to do and am wondering if I have a small claims action. Is 10 weeks in his possession unreasonable? I am still making payments on the vehicle but am deprived of it use.
Do I have a case?
No , 10 weeks is not reasonable .
Get 2 estimates for a replacement engine .
Send him a Letter RRR Certified outlining the events and statements made , and give the Shop 7 business days to do the Job right , or you will take legal Action .

It sounds to me like the shop is stalling to let the warranty run out , and say you drove it for a period of time , Etc .
 

JETX

Senior Member
bobsalas said:
I do not know what to do and am wondering if I have a small claims action.
Actually, at this time, you do NOT have a claim as the mechanic really hasn't done anything wrong (other than excessive time).

Is 10 weeks in his possession unreasonable?
In my opinion, yes.

Do I have a case?
As noted above, not yet. Send the mechanic a very nice letter (certified RRR) asking him to give you a WRITTEN schedule of repair.... when the vehicle will be complete. Include that if not repaired within 14 days of receipt, you will make arrangements to recover your property... and consider your legal recourse.
 

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