What to do if atransmission shop didn’t fix my transmission after they did the work and now they want me to pay more to fix it again?

UPDATED: Aug 9, 2011

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What to do if atransmission shop didn’t fix my transmission after they did the work and now they want me to pay more to fix it again?

I took my car to a transmission shop because it was shifting bad. They charged me $700 to “fix it” because it didn’t need to be rebuilt. After work was done the problem was still there but shifting much harder. They then said it would be another $129 to fix it. What are my rights, do I have to pay that if they didn’t fix it in the first place.

Asked on August 9, 2011 Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If there is a warranty or guaranty on the work, that may be fixed according to its terms.

2) Even without a warranty or guaranty, if the shop either was negligent (careless) in how it fixed the problem, or lied (i.e. never even actually tried to fix it), they would have to either make good on the repair at their cost or pay you monetary compensation (such as for any additional damage they caused). However, bear in mind that if they don't pay voluntarily, there is no one to make them pay you--you'd have to sue them, which may or may not be cost effective.

3) If they did everything they said they would and right, but this is a new or different problem (new or different cause, anyway, even if the symptoms are similar), then they are not responsible for it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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