Legal Question in Business Law in Pennsylvania

An-authorized repair charge

In July 2000 a local repair shop replaced the ignition switch on my riding mower. They charged me $50.00 for the repair. 2 months later, the same problem occured. I contacted the shop and informed them that the mower had the same problem and that they need to come and pick it up and correct the problem. They called me saying that they fixed it, but claim that we caused the latest problem (a wire shorted and burned) and we owe them nearly $100.00 for this latest repair! I protested their contention that we caused this problem as we used it only 3 or 4 times after the original repair. They didn't contact me prior to fixing it the second time and I did not authorize this second repair and the $100.00 charge associated with it. I was under the impression that the work would have been done at no cost under warranty of the original repair. They have the mower and require us to pay the $100.00 before we pick it up. Since I never authorized them to do the 2nd repair, am I obligated to pay them for the 2nd repair? I need to pickup my mower, but am uncertain what to do. My wife suggested paying with a check and then putting a stop payment on it. Please advise me on my rights and if I should pay for the unauthorized repair.

Asked on 10/10/00, 11:37 am

1 Answer from Attorneys

Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: An-authorized repair charge

The mower need to be repaired, so you would have had to get someone to fix if you wanted to use it again. Therefore, pay them and pick it up. Now the second issue arrises, namely, did they correct it right the first time and did they cause the second problem? Before using it, take it to another reputable repair shop and ask for a written opinion as to whether or not the first repair caused the second problem and if the price of fixing it the second time was fair. If they tell you the shop caused the problem, you can now sue them before a District Justice for the cost tof the second repair

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Answered on 11/06/00, 9:21 am

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