Lawyer question

[Marvin Margoshes]

Hello Lawyers:

We bought a Volvo last year and of course we had a buyers check done by a
local shop. Based on the clean bill of heatlh given by the mechanic we
bought it. Since then we have spent over $4000 in repairs. To what extent,
if any, is the mechanic liable for those expenses? I am generally opposed to
plaintif law suits but in this case I really think we were screwed by the
mechanic. Perhaps he figured that if we bought it he would get to fix all
the problems....

Thanks,

Jim

Someone I know in LA bought a used Saab from a San Diego dealer, who
represented the car as being in excellent condition. Soon after, this
persons mechanic looked at the car and saw that it had been in a collision
that bent the frame. He took the dealer to small claims court, and got his
money back. The dealer got the car. Your having kept the car for a year
may make your case more difficult. Talk to a lawyer.

 

[Bev A. Kupf]

We bought a Volvo last year and of course we had a buyers check done by a
local shop. Based on the clean bill of heatlh given by the mechanic we
bought it. Since then we have spent over $4000 in repairs. To what extent,
if any, is the mechanic liable for those expenses? I am generally opposed to
plaintif law suits but in this case I really think we were screwed by the
mechanic. Perhaps he figured that if we bought it he would get to fix all
the problems....

Hmm ... interesting thought. Can you prove that any/all of the repairs
were to pre-existing conditions in the automobile? And that they do not
cover items that are recommended to be replaced at some interval -- for
eg. timing belt.

I don't know the law, but it would it would seem to me that you would need
to prove that the mechanic didn't do what the shop was paid to do in the
pre-purchase inspection. For example, if they were paid to do a compression
test, but didn't actually do one, you would have a case. Or if he reported
incorrect results back to you ...

Bev

 

[Gunner]

A truly excellent mechanic at a dealership suggested to me if you are buying
a car privately to take the car to a dealer for an inspection. If there is
anything wrong with the car the dealer will tell you because if the thing
has problems it will be one less vehicle to compete with their used car
sales department.

 

[Jim Martin]

Hello Lawyers:

We bought a Volvo last year and of course we had a buyers check done by a
local shop. Based on the clean bill of heatlh given by the mechanic we
bought it. Since then we have spent over $4000 in repairs. To what extent,
if any, is the mechanic liable for those expenses? I am generally opposed to
plaintif law suits but in this case I really think we were screwed by the
mechanic. Perhaps he figured that if we bought it he would get to fix all
the problems....

Thanks,

Jim

 

[Rob Guenther]

That and they would (or at least should) know the model best.

This is why it is also to get a 2nd opinion on many things.

 

[Tux]

Hello Lawyers:

We bought a Volvo last year and of course we had a buyers check done by a
local shop. Based on the clean bill of heatlh given by the mechanic we
bought it. Since then we have spent over $4000 in repairs. To what extent,
if any, is the mechanic liable for those expenses? I am generally opposed
to plaintif law suits but in this case I really think we were screwed by
the mechanic. Perhaps he figured that if we bought it he would get to fix
all the problems....

Thanks,

Jim

It really depends on the exact nature of the problems you have had. Many, a
great many might not have been at all detectable. Most simply cannot be
predicted with any reliability. You might post what you have had repaired
and the year and model of the car. That could shed light on this.
Additionally, a mechanic that in bad faith indicated a car was sound and
knew better, could not then reasonably expect you to return to them for any
repairs after having broken faith with you in the first place. Does that
make any sense?

For whats it's worth I doubt seriously you'd have any claim. If you wish to
pursue this I would go to one of those "no fee unless we win" types... that
might save you a little more money.

 

[Bob Noble]

Hi, Jim - - -

Even in our highly litigious society, your case is going exactly
nowhere, unless . . .

Did the previewing mechanic in any way warrantee his inspection?

Unless he gave you a very specific, *written* statement of facts,
there's no legal leg to stand on. A friendly attorney might be willing
to draft a threatening letter for you, but he'd likely be handling it
with great care and little expectation of positive result.

Now if the "we" with which you opened you letter *both* heard verbal
assurances of perfection, you might possibly have something to go on,
but I think that Small Claims Court would be the appropriate venue. In
most jurisdictions, the SCC limit is now up to $5,000, so you could
recover if the judge were to find in your favor. There is that tiny
edge going that the mechanic is the "expert" and you are the "trusting
novice" with every reason to take his word has gospel.

Again, though, the written word is the key here. I'm no attorney, but I
have spent a lot of time in SCC over the years - partly relating to the
fact that I was once in the car business.

Good Luck!

bob noble
Reno, NV, USA

 

[GrantOrg]

Hello Jim,

Saw your posting and maybe I can help If you would like to talk to one of our
attorneys in your area email me direct.

Tony Grant
PPLS, Inc.
www.prepaidlegal.com/go/tonygrant


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