Legal Question in Business Law in Kentucky

I recently purchased a motor from a junk yard that had a 90 day warranty on parts. The people i paid to install the motor contacted the place i had purchased from and requested a new motor when the motor would not start. With keys in hand and vehicle running i was satisfied for 2 days. The headgasket in the motor was blown. I contacted both the junk yard and the people that installed the motor. The junk yard informed me that there was nothing they could do until i returned both motors. I have a reciept for one motor not two. The original motor that i purchased is still at the garage where they installed the motor. I cannot afford to pay to have another motor installed so I asked for a refund on the motor I purchased and was denied until i can have the motor in my car uninstalled. My thought process is I have a reciept for one so when i return one I get my money back. Please help.

Asked on 11/28/11, 5:48 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office
0 users found helpful
0 attorneys agreed

I guess the question here is whether the problem is the motor or the mechanic. Two used motors later and you still don't have a working car.

First, the mechanic should have returned the first motor to the junk yard when the second motor arrived, since it was an exchange. You paid for one motor, not two, and currently two is technically what you have. You'll need to get that motor back to the junk yard to get square with the junk yard, then you can address a refund or another exchange with the motor that is currently installed in your car.

Then you'll need to figure out if the problem is the motor or the mechanic. Take the vehicle to another mechanic and get a second opinion. You have a 90 day warranty on parts, but not on service. With the labor involved in continuously installing motors... you probably could have purchased a new engine by the time it's all said and done. If the problem is the motor, well, there isn't much to be done. You can get another used motor from the junk yard, but with two duds so far, the odds sure aren't in your favor. However, if the problem was with the mechanic installing the motor wrong and that caused the damage, then you would have room to argue that the mechanic should install another motor without any further charges.

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11/28/11, 7:21 pm

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