Legal Question in Consumer Law in Missouri

Maintenance Man Ripoff? - How do I proceed?

Our maintenance man told us our engine was junked and would need a new engine. Thinking it was a junked car, we sold him our Toyota Camry for $500 (Blue Book prior to this incident was around $9,000). That was three weeks ago.

I ''anonymously'' asked the repair shop if the car was for sale (seeing that it was still on their lot). They stated it was for sale, for $7,400. They stated there was a lot of work done on the car and engine.

From what I can tell, they didn't replace the engine.

What are my legal rights here? If I can prove he didn't replace the engine and let's say he only put $1000 into the car, can I sue? We would have been willing to pay for repairs, but he said the engine was unrepairable.


Asked on 4/30/08, 6:27 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Maintenance Man Ripoff? - How do I proceed?

Under Chapter 407 of the Merchandizing Practices Act, the act or use of any false or deceptive statement or the omission of a material fact is a violation of the statute. You likely have a very strong claim against the mechanic. You need to act quickly before he sells the car. You need to get a lawyer to file an action under 407 and seek an injunction preventing any sale of the car until after the car is inspected by a disinterested mechanic who can determine if you were scammed.

Note that if the mechanic put in a rebuilt engine and can show that the other engine is not fixable, he is entitled to keep what he has obtained through his efforts.

Good luck

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Answered on 5/01/08, 9:20 am
James Manning James Manning, PC

Re: Maintenance Man Ripoff? - How do I proceed?

I would need to know what you mean by the term "maintenance man" to determine whether you have a viable consumer protection claim. There are statutory penalties available for mis-diagnosing the condition of a vehicle. I have a lawsuit pending right now against an autobody shop for mis-stating the condition of a vehicle in order to rack up charges, etc. Depending on the facts of this matter, you may have other claims available. I recommend that you contact a consumer protection attorney, such as myself, for a consultation in order to determine whether you have a claim. Feel free to email or call me if you would like.

No attorney client relationship exists between us.

James Manning

www.jamesmanninglaw.com

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Answered on 4/30/08, 6:55 pm


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