Transmission Repair Fraud

[oorreeoo]

My mother's car stopped moving, so she took it to a transmission repair shop. She was told that the transmission needed rebuilding or replacement. We purchased a used transmission (with only 19,000 miles on it) from a salvage company with a very good reputation. We convinced the repair shop to install this used transmission for $1400 because we did not feel their quote for rebuilding the transmission for $2400 was reasonable. This may have upset them, so I don't trust that they did an honest job on the repair.

She lives in Indiana and I in Maryland. After the repair, I asked my mother to immediately take the car to another mechanic for inspection. The second mechanic found that the transmission fluid was brown instead of a nice, fresh red color. The mechanic says that this indicates that either the transmission has much more than 19,000 miles on it, or the repair shop used old transmission fluid instead of new.

1)Either way, is the second mechanic's written opinion of bad transmission fluid enough evidence to sue the first repair shop for a fraudulent repair? I would be seeking a full refund of $1400 plus the cost of a rental car and my travel expenses to court. 2)My next steps are to file complaints with the Consumer Protection office and the Better Business Bureau.... is this the proper procedure before filing a small claims suit?

Please help my poor mother.

Thanks very much,

 

[Michael Wechsler]

I'm sorry to hear about your problem. Let me ask you this -- would the problem be remedied if you changed the transmission fluid? My understanding is that this doesn't cost very much and I have done it before with my car, despite some calling me a lawyer in a suit!

The problem I see with bringing any case for fraud at this point is that the second opinion did not state that the transmission likely had more than 19,000 miles -- only that the transmission fluid might have been old. If the shop had been able to inspect the tranny for indications of wear and tear that would indicate a very likely probability that it had well above 19,000 miles, then you might have a case.

I think your case is not yet "ripe" to be "adjudicated" and you still have some homework to do.

One last thought -- factor in the time and effort that you will not receive at court and ask yourself whether there is such a serious wrong here and whether it is really worth the time to remedy. I'm not saying that this is a great solution but it may be the optimal solution.

My mother's car stopped moving, so she took it to a transmission repair shop. She was told that the transmission needed rebuilding or replacement. We purchased a used transmission (with only 19,000 miles on it) from a salvage company with a very good reputation. We convinced the repair shop to install this used transmission for $1400 because we did not feel their quote for rebuilding the transmission for $2400 was reasonable. This may have upset them, so I don't trust that they did an honest job on the repair.

She lives in Indiana and I in Maryland. After the repair, I asked my mother to immediately take the car to another mechanic for inspection. The second mechanic found that the transmission fluid was brown instead of a nice, fresh red color. The mechanic says that this indicates that either the transmission has much more than 19,000 miles on it, or the repair shop used old transmission fluid instead of new.

1)Either way, is the second mechanic's written opinion of bad transmission fluid enough evidence to sue the first repair shop for a fraudulent repair? I would be seeking a full refund of $1400 plus the cost of a rental car and my travel expenses to court. 2)My next steps are to file complaints with the Consumer Protection office and the Better Business Bureau.... is this the proper procedure before filing a small claims suit?

Please help my poor mother.

Thanks very much,