gellpak Veteran 177 Posts user info edit post |
Right. So I took my '66 coupe to a local resto shop to have the old 289 refreshed and EFI bolted on. They call me up later and say "we found a '94 5.0 engine and transmission with EFI built-in, it'll cost you about the same as the refresh would". So I tell them to go ahead, just make sure to verify the parts are in good order.
Now, I have the new engine/transmission in there, but the transmission is clearly on its last legs. Sitting on their shop floor it makes a loud whining sound, shifts late, etc. Probably needs a rebuild. They refuse to do the work unless I pay for it in full.
From my perspective it's a transmission they chose and installed, and it was their responsibility to verify that it was in good order before installing it. Now that it's in there, it's their responsibility to repair it. I'm not asking for a lifelong warranty, but it shouldn't be having issues before it even leaves the shop.
Do I have a case here? 7/14/2011 12:31:48 AM |
arghx Deucefest '04 7584 Posts user info edit post |
these are tough calls because when lawyers get involved their fees can make pursuing legal action not worth it. Which transmission did they install? 7/14/2011 10:24:20 AM |
gellpak Veteran 177 Posts user info edit post |
It's a '94 AODE (automatic overdrive) as near as I can figure. Came mated to the engine from their donor car. 7/14/2011 10:36:58 AM |
TKE-Teg All American 43409 Posts user info edit post |
that sucks man, best of luck 7/14/2011 10:42:03 AM |
Skack All American 31140 Posts user info edit post |
They should really be pursuing this from whomever they bought the donor car from.
You didn't purchase the engine/tranny and bring it to them. They sold it to you. If it's not working properly your recourse is the shop. Their recourse is the person/business they bought it from.
Have you asked them where they sourced it? For all we know they might be essentially taking from you so that they can help a friend get rid of some junk. That is not acceptable business practice. 7/14/2011 11:00:16 AM |
AntecK7 All American 7755 Posts user info edit post |
Do you have any written quotes for the work they performed? 7/14/2011 11:41:10 AM |
gellpak Veteran 177 Posts user info edit post |
Yeah, lots. I have to go back and look at the exact wording but I'm pretty sure it will just say "labor to install transmission" and "cost of transmission" 7/14/2011 12:08:33 PM |
sumfoo1 soup du hier 41043 Posts user info edit post |
if you have a lawyer friend have them draft a letter pleasantly threatening legal action (asking them things about business registration numbers etc) 8/10 times the business will crap their pants and settle because they can't afford lawyers as much as you can't afford lawyers and they have to pay not only their legal fees but cover yours too if they lose which they should. 7/14/2011 12:57:25 PM |
beethead All American 6513 Posts user info edit post |
if they sold you the trans i would make it up to them to fix it. you may have a leg to stand on and i would try to talk to the owner if you haven't been.
keep in mind if you listen to this ^ and start threatening them, they are going to be a lot less willing to work with you to make it right.
maybe try to tell them that you will pay for the engine but they need to pull the trans and remove it from your bill. have your car towed to another shop that can source/install a trans. tell the original shop that you wanted a good transmission and that they tried to sell you some junk. 7/14/2011 7:59:14 PM |
ThatGoodLock All American 5697 Posts user info edit post |
do everything you can to get them to work with you before you even threaten legal action, once you pass that threshhold its a whole nother ballgame like ^ said 7/14/2011 8:04:00 PM |
AntecK7 All American 7755 Posts user info edit post |
How reliable is this shop? How big are they? Can they easily absorb the cost of fixing the problem?
IE if they have a big reputation you can be pretty sure they will make it right, just as if they are still making their rent payments on time.
I think that your best bet is to go over the paperwork.
If they can't fix it call around and get quotes for a transmission source/install for that car and pay their bill - that price. If they try to get a lean you have a leg to stand on. 7/15/2011 12:43:39 AM |
sumfoo1 soup du hier 41043 Posts user info edit post |
Is this the place in downtown cary ?
If its a specialty shop like that... don't do what i said, that crap only works with pepboys and merchants. If you piss off the wrong shop owner they may do shit just to spite you. 7/15/2011 8:15:55 AM |
gellpak Veteran 177 Posts user info edit post |
Downtown Cary like from my posts years ago? Or some other shop?
Either way, nope, this is a mom-and-pop place in Raleigh.
EDIT: Looking back through my post history I never told that story on here. I attract shady body shops like morons to Judge Judy.
[Edited on July 15, 2011 at 10:41 AM. Reason : jank] 7/15/2011 10:37:27 AM |