(See last paragraph for simple answer)
From my understanding of the situation, you paid in advance to the second mechanic a sum of money to purchase a used engine on your behalf. The second mechanic followed through and got a used engine, which did not function at the time of delivery. The new mechanic was unable to receive another part under warranty from the salvage yard so he repaired it, but it is still not functioning. The mechanic wants more money to pay for the additional parts used in repairing the second used engine
From personal experience in the auto repair industry this is pretty common. There were several instances that I was tasked with used engine installation and recieved a faulty used engine - most were replaced within a short time frame by the junk yards under warranty, at no additional cost to the customer. This is just part of the job, and any installer knows the risks associated with installing a used engine, this is why many installers (repair shops) try to sell re-manufactured engines - they are of much better quality.
Now, for the situation at hand (keep in mind this is general, I dont know anything about Texan laws)
Depending on the costs incurred by you to date you may be able to use either small claims court or district court - Most states the limit to SCC is $5,000 dollars. Above that, you may be able to use the regular court and get an attorney.
You have a valid problem, and it is a problem that would have been easily avoidable if honest mechanics and salvage yards were involved.
You should be able to sue the first mechanic for the cost paid to him, plus cost incurred as a result of having to take it to another shop (towing and additional engine, labor, parts) If and only if he supplied the engine and warrantied it. Most shops don't install furnished parts, however the shops that do usually don't warranty them. Shops usually only warranty parts that are acquired from known suppliers whom offer quality parts.
- At my shop we did install customer supplied parts without warranty. We only warrantied the installation and always made the customer aware of the conditions ( You are paying me to install this with labor only warranty - if we are negligent, well cover any cost incurred)
If you supplied the engine, you only have rights if the mechanic/shop was negligent in installation of the engine.. and that's really hard to prove
- again, from first hand knowledge it would be really easy to forget to put oil in an engine that was just installed, blow it up as a result and then add oil and tell the customer it was bad when it was received. There is not really any way to tell if the mechanic was negligent, unless the Junk yard tested the engine before it shipped it - usually not the case
As far as the second mechanic is concerned. You may have rights here too. A reputable repair facility would realize that you need your car and need it repaired in a timely manner. Unless acquiring parts if proving to be difficult to them (which most parts are easy to get) there is no reason why they could not fix it within say two weeks or less
If i was in the shops situation and I received a bad used engine and could not get a replacement from the seller, I would source another part of similar condition and price to what I quoted the customer and purchase it, absorbing the cost and completing the repair.
The most important thing is getting the car back on the road. Then I would sue the J/Y for damages related to the additional cost incurred.
However, the shop electing to repair the used engine is also an acceptable method, but they should not be charging you any more than the initial quote without getting your permission first..
A shop has the right to recieve payment for any services agreed to be performed by you and them. Most shops will not release the vehicle without payment - and it is within their right to do so. It is your right however to have a repaired car, in working order.
By you not paying them, they wont release the car. You can do one of two things sue them, for the release of the car - or pay them, and sue them for breach of contract.
- You could pay them with a credit card and then dispute the charges, but this may not be the best choice, I would use the legal system and a lawyer - there are alot of shady shops out there.
