ATV Repair not completed and will not return ATV until paid

Quickshot23

New Member
Jurisdiction
Pennsylvania
I spoke with a local ATV Repair business on having my ATVs engine rebuilt and to have it running properly.
We agreed to a flat fee of $850 with me supplying all parts.

I brought the ATV and all parts and he began the rebuild.

When the ATV was dropped off it was running but it was rough.

I was contacted a few days later stating that many of the parts that were in the motor such as all the bolts, the carburetor and exhaust studs needed to be replaced because they were damaged beyond repair.

This seemed odd because the ATV was running prior but I decided to order additional parts to replace them as requested.

The shop then stated that they could not replace a bearing I sent along because they did not have the tools to do it.

This bearing is part of a repair kit and is normally used in repairs so this seemed off, but again I went ahead with the repair.

Finally, he stated he got it running but then the woodruff key in the crank broke. My research shows me that this happens if it is installed incorrectly.

I sent him some articles on how it should be installed and he told me he knew what he was doing.

I ordered a new woodruff key and gave it to him. He again stated it broke when he started it.

At this point, the ATV won't run properly and he stated he would weld the crank to avoid this from happening. He told me to order a new gasket kit as well as another woodruff key.

Everything I researched says that that is the improper repair and has the potential to ruin the crankshaft.

He then said I should pay to have a separate shop fix it.

At this point he said he wants full payment and for me to take the atv.

Clearly it is not running as expected and he refuses to properly fix it.

What are my rights? Should I pay him and deal with the failed repair?
 
Not legal advice but this is what I would do if it was me.

I'd fill out a small claims complaint form, take it to the shop, hand it to him and say "You botched the repair, you damaged my parts, if I have to pay you $850 to get my ATV back I will immediately file suit and the court will give me back my money and I will write up your incompetence on Yelp and other review sites so others can be warned. I'm willing to pay you (pick a $ number) for your attempt. Will you accept that amount as full and final?"

If he accepts, get it in writing.

If he doesn't then make good on your warning.
 
Right I would try and negotiate the lowest possible amount of money that gets the ATV back and then send it to a dealer shop for the brand of the ATV.
 
The shop would not negotiate any lower.

after some investigation I found that the owner has had many altercations with law enforcement including drawing a gun on neighbors and shooting at them after an argument.

I picked up the quad with the owner there and wanted to avoid any altercations that would lead to escalation.

I did start the quad and it started without an issue.

Once home, I started it again and after driving 3 feet, it failed to move under its own power.

How should I proceed?

I recorded everything on video from once I began unloading it.

Definitely an issue that was not present before I brought it to this shop.
 
Have it repaired again, then sue the shop for the cost of the proper repairs.

Make sure the next repair guy is willing to testify in court about the botch job of the first guy.
 
From a legal aspect, let's say it costs $1000 for repairs, will I be liable for the lawyer/court fees to sue?

I ask because I imagine it will cost more to pay for the lawyer/court fees than it would for the repairs...

I am new to this so I apologize if this is elementary law knowledge
 
From a legal aspect, let's say it costs $1000 for repairs, will I be liable for the lawyer/court fees to sue?

I ask because I imagine it will cost more to pay for the lawyer/court fees than it would for the repairs...

I am new to this so I apologize if this is elementary law knowledge
You will not be able to recover attorney's fees but you will be able to recover court costs, which for 1000, if that is what it costs, small claims court makes more sense, than several thousand dollars in non-recoverable attorney fees.
 
To be clear: You don't need an attorney for small claims court.
 
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