Legal Question in Consumer Law in Texas

Breach of Warranty

I had my car transmission repaired by a company and received a 90 day warranty (verbal). I did receive a receipt for work done and the amount. Needless to say, the work was not done correctly as the transmission is still leaking fluid, which is why I took my car in to be repaired. I have tried to take the car back to the repair company, but they keep giving me excuses. First, his mechanic was in the hospital, then it was that I was wrong, the car is not leaking and NOW, he says that he can send it to another mechanic, BUT it will cost me additional monies that I do not have. I have requested a refund so I can take it somewhere else, but he has refused. What can I do? Do I have any recourse? Is there a Legal form or something that I can send Certified Mail or something? He is the only one that runs his shop and I know he won't take a day off to go to court. I am at my wits end. He thinks that because I am a woman, that I will just let it drop, but I cannot afford to do that. I have to have my car running and am afraid that if I keep driving it (leaking) that I will do further damage to my transmission. Can anyone help me?

Asked on 4/18/05, 12:42 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie
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Re: Breach of Warranty

Write to him, certified mail, stating that you brought your car in to stop the transmission leak, you paid him $XXX, and it's still leaking. Demand return of your money, and if it's not returned within ten days after the date he receives the letter, legal action may be taken without further notice.

Contact the civil clerk at your nearest Justice of the Peace and ask for information about filing in Small Claims. They are very helpful.

If the repairman hasn't returned your money in 10 days, file suit in Small Claims. You don't need a lawyer for that.

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4/18/05, 1:03 pm

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