QUESTION

Can i sue my mechanic?

Asked on Apr 05th, 2023 on Consumer Law - Texas
More details to this question:
My mechanic has had my car since December 2022 claiming that he was fixing my car. I called every week to see when the car would be finished and he constantly pushed the date back and is still pushing it back till this day. I have in writing and multiple phone calls with him promising to fix it and give me my money back for not only the money i’ve wasted on ubers because of him and the money that we originally paid him up front.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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If you and the mechanic did not agree upon a specific date for his completion the repairs, he has a "reasonable" period of time to do so.  What constitutes a "reasonable" period of time depends upon the facts and circumstances of your particular situation.  For example, has he had to order parts in order to complete the repair?  Were the parts hard to find?  Are the parts ordered available locally, or must they be shipped from somewhere else?  What is the status of the shipment?  Absent unusual circumstance, if the car is an American-made car that isn't particularly old, it is my opinion that most fact-finders would conclude that three months+ has been a reasonable period of time.If a reasonable period of time has passed, you can terminate your contract with your mechanic for material breach.  You can then take your car to another mechanic.  If you and your current mechanic already agreed upon a price for the repairs and the new mechanic charges more, you can recover the difference in price from your current mechanic.  If you and your current mechanic did not already agree on a price, you can pay him for the work he has already completed and not pay him for any work he has failed to complete.With respect to damages caused by the delay (such as your Uber charges), if the delay is the mechanic's fault and your agreement with him does not expressly preclude such damages, you may also be able to recover such damages.  If the delay is your fault, or if your agreement precludes such damages, you may not recover such damages.  If the delay is neither party's fault, the terms of your agreement with your mechanic may allocate the risk to either you or to the mechanic depending upon what is contained in any written agreement or what was said as part of your agreement.  
Answered on Apr 10th, 2023 at 9:18 AM

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