Can I sue a motorcycle mechanic?

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April 11th -dropped motorcycle of at mechanic's April 30th -called to find out status May 1st -received call back explaining about a death in the family, told it was his next project and it would be started on May 2nd May 20th -stopped in to shop to see what is taking so long, told that he's all alone and working as fast as he can, should be done May 21st or 22nd May 23rd - called again to find out status, left message May 23rd -received call saying there is now a bigger problem and promised a "discount" It has been almost 7 weeks just to find out there is a bigger issue than I originally thought. There has been no mention of actual cost, and I'm afraid of what he's going to tell me at this point. Do I have any legal actions I can take?

Attorney Answers

2
Martin Judnich ·
What does your estimate say? Did you get any paperwork from this mechanic? Nobody likes to wait very long for repairs, but I don't think you have any claim for a delay of around 2 months. I would ask for an estimate in writing. Then hold them to it. Some states have laws in which the estimate must be in a certain percentage of the final cost.
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Ronald Burdge ·
When you take a motorcycle to a repair shop for them to do any kind of service or repair work on it, you have the right to expect the work will be done right and done within a reasonable amount of time. If you get a written promise of a completion date then that date can be binding. If they don't get it done promptly, then you have the right to remove your property and take it somewhere else for the work to be done. If the motorcycle has been damaged by the shop, then you have a right to recover damages for what they do wrong or the damage cause (or, if they don’t return your motorcycle at all, for the value of the motorcycle itself). But you first have to give the repair shop a chance to fix it or make it right. So the first thing to do is ask the repair shop when they will get done. If they don’t meet that date, then I suggest you tell them that you want your bike back so you can have the work done elsewhere. Your obligation is to give the shop a reasonable chance to get the repairs done and their obligation is to get it done. If they don’t get it fixed, then in most states you would have the right to get it fixed somewhere else and then hold the first repair shop liable for any increase in the repair cost. If the cost is less than a few thousand dollars or so, you may be able to sue the shop in your local small claims court without needing to hire an lawyer. If the primary use of your motorcycle is everyday consumer-type use, then the shop may also violate other consumer protection laws in your state. Because the law is different in each state you need to talk to a local Consumer Law attorney - they know both the consumer laws and the commercial laws that might apply to help you out. Because the law is different in each state you need to talk to a local Consumer Law attorney. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to vote for the Best Answer too. It helps all of us understand we are doing a good job answering your questions. Thanks for asking and Good Luck. Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here http://www.attorneyqna.com/legal-guides/ugc/the-unfair-and-deceptive-acts-law-can-protect-consumers-from-dishonest-merchants Free Online 50 State National List of Consumer Law Lawyers, Click Here http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml What does your state’s Udap law say? Click Here to see what is unfair and deceptive in your state http://www.nclc.org/images/pdf/udap/analysis-state-summaries.pdf
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