verbal contract used car repair

[consumer]

Dealer makes verbal contract to fix car's air conditioner before purchase.Ran air conditioner 2 minutes during test drive-air conditioner working.I bought car.

car put in for repair under a recall after only owning for one week (different dealership)Recall repair took 36 days when car finally returned to me Dealership handling recall issue informs me air contioner no good-improperly fixed hoses to recently installed reconditioned air conditioner allowed leaking out of all gases.
Hoses no good and improperly installed-hoses were cut then hooked on possibly dealer trying to avoid cost of replacing hoses. Dealer resposible wants to charge me $100.00 towards repair-I refused to pay!
dealer is responsible still for making proper repair? Could I win in a small claims court?
I have a witness to the verbal contract and can get written statement from dealer involved in the recall issue.

 

[JETX]

Whoa down just a little bit. Your post was so rambling that I don't know that I got it all, but lets see if I understand it...

Before buying a used car, you required that the dealer repair the air conditioner as part of the 'deal'. Later, a second dealer found that the first dealer did not repair the air conditioner properly and 'dealer' wants to charge you $100 to fix it. Is that correct?

If so, which 'dealer' is wanting to charge $100 to fix, the first or second?

If the first, what makes you think that he can fix it right now? Pass on him.

Here is what I would do....
1) Write the first dealer a letter, certified mail. Explain your complaint and your recollection of the 'deal' (he would fix the A/C as a condition of the sale). If he responds to the letter, you hope he acknowledges the deal as you remember it. This will now give you a legal basis to work from. If he doesn't respond, at least you can show the courts that you attempted to resolve the issue.
2) Take the car to another repairman (second dealer?). Get him to furnish a statement as to the shoddy repair/installation of the A/C. If you need the A/C fixed and can't wait, pay him to do the job correctly.
3) Depending on your local laws (you failed to identify your state), you might need to write the first dealer another letter advising that you are considering filing a deceptive trade suit (breach, etc.) and for him to respond. Then, file against the first dealer to recover your damages (cost of making the professional repair).

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[consumer]

Thank You for your helpful opinion. The state is Massachusetts.Yes, It was the first dealer -the one I purchased the car from that wanted me to pay the $100.00 towards the cost of a repair that he should have previously performed as part of the pre-purchase agreement. I have sent the certified letter and I am also awaiting a written statement from the second dealer as to the shoddy worked performed on the car's air conditioner. I can not afford to have the work done on the car. I feel this will end up in court so wish me luck! Once again Thanks for the advice! HDLady

[This message has been edited by consumer (edited July 05, 2000).]