I apologize for the non-related volvo content, but there's an issue with a mechanic on a car my brother and I were thinking of purchasing for our mom.

The vehicle is a 1992 Toyota Camry LE. The current owner is a friend of my brother's, Joe. Both are currently in Corvallis, OR for school.

Well, Joe was planning on selling the car, but needed to get the O2 sensor replaced before selling. So since he's at school, he took it to a mechanic in the next town over in Albany, Solis Auto.

The O2 sensor was replaced to the tune of $440. But immediately after, Joe noticed that the tranny was not shifting normally. Joe took it back to Solis Auto and Solis said there was a problem with the Throttle Position Sensor (TPS) and that he'd do the repair for free. I imagine that the $440 would have been plenty enough to cover the parts and labor for both the O2 sensor AND the TPS.

That was earlier last week. Friday came around and he said the TPS part would come in Friday, so my brother waited. and waited. Solis never called, and my brother didn't get to leave Corvallis until late that evening.

So my brother brought the car up to Portland so i could check it out. Everything looked clean except for the rough/sporadic idle and a starting issue.

My brother drove it back down Monday evening, called the guy Tuesday morning and the guy said to bring it by at 5pm (he's open til later). So my brother leaves work early and comes around to the shop. Solis isn't there. My brother calls Solis and Solis says he'll be there in 15 minutes as he has some errands to run. So my brother waits. And waits.

2 hours later, my brother - not the car - is about ready blow a gasket.

Today (09 SEP 04), Joe, the owner was planning on bringing the Camry in to Solis but suspiciously, Solis won't be there today. So Joe will be bringing the car in tomorrow.

As far as Joe's $440 goes, he does have a receipt, but no detailed receipt specifying which work was or was not included in the payment.

From all perspectives, it does look as though we're being jerked around. Outside of the obviously illegal property damage, is there anything that can be done to either get some of the money back or make him do the repair?

To who/where would I make complaints? Would this qualify for small claims court? Specifically, I've seen the all-knowing spook comment on legal issues in the past and would appreciate his or any other comments regarding this guy. After dealing with this Solis, I have very little respect for those not willing to follow through on things they promise.

To end, I apologize for the long post, but I just want to see Joe's problem righted and sorted out correctly.

Respectfully,
Galen
--
1991 940w Turbo

thanks for the pieces of wisdom, guys.

i'll be passing your information along to joe shortly.

i don't know him that well personally, but as he's my bro's friend, i hope he does get something out of this.

$440 did seem pretty extravagant for an O2 sensor.

thankfully,
galen
--
1991 940w Turbo

as i thought further, there seems to be more that i could add.

in every state i've been, not just california, you are entitled to a written estimate. you are also entitled to a call to authorize any amount over the original estimate. you are also entitled to an itemized receipt stating what work was done, what parts were used and the per item cost of labor and parts. you are also generally entitled to receive the old parts back.

if you didn't get any of those, that could be used in small claims to show a prepondereance of evidence of someone who preforms shoddy business.

the other person who posted was right: on that car, I seem to remember that the O2 sensor was the only thing easy to replace on that thing! A toyota original part will set you back a couple bills, but the labor is stupid simple. and how could they screw up the tps (up by the throttle body) by working on an O2 sensor on the manifold????

as the others mentioned, get estimates before suing. if you persue the case yourself as the buyer (i wouldn't since it might be easy for the mechanic to tell the judge that the warranty or verbal contract is not transferrable from joe to you, and the judge might throw it out telling you you have to go after joe) have joe prepare written notarized affidavits.

Do research, find out what your rights in Oregon are. they may not be as progressive as california's or canada's consumer protection laws, but you do have some, you can be assured of that.

fred

In order to make your case strong, be sure to be procedural. Remember Sun Tsu and the Art of war: It is the threat of force not the use of force that is the greatest deterrant.

1. Get an estimate from three Toyota dealers on the standard price to replace an O2 sensor. Get them to give an estaimate on the other problem, the cause, and what it will cost to fix. This shows fair market value and demonstrates what is the agreed upon fair price for the service. This will be usewfiul later if you have to go to court.

2. It would be wise to send a registered letter to the mechanic shop citing your concerns in detail. Give them the benefit of doubt, but state that failing their timely reply, you will have no alternative but to take further action. In the letter cite exactly what you expect as a fair response. I would probably request a refund of the overpayment, and free repair of the other problem. If they agree, immediately after the repair, go to a Toyota dealer and have it checked over once and for all.

3. In Canada, whgere I am, the consmer protection laws are very strict, and more in line with internatinoal laws. We have the automobile repair act. It cites the specifics on mechanic conduct, and has proven extremely useful in the past. See if your state has one you can buy a copy of.

4. If these steps fail, consult a lawyer for a letter to be sent. Often this will generate a resolution, and avoids the expense of small claims.

5. Check Phil Edmonstons Lemon Aide book. It has tons of legal prescedents and letter templates from a guy that has loads of experience here.

Good luck!

*^*&*&^ Sorry about your brother's experience with the 1992 Corolla.

For perspective:
My wife drives a 1994 Geo Prizm == Toyota Corolla (again &^*^&)
I changed the oxygen sensor not so long ago.

1. I remember it being cheap.
See http://oem.thepartsbin.com/parts/thepartsbin/wizard.jsp?year=1992&make=TO&model=COR-7-006&category=All&part=Oxygen+Sensor

(or equivalent)

Maybe $40-50? Maybe some more...

2. It is one of the most accessible components in that awful engine compartment. Easy. Just bend over. Almost FAST, knock on wood.

What exactly did the mechanic do for $440?!
--
Gregg; Mpls, MN; 1987 745, 1967 Amazon 4-dr.

Hi,

truth of the matter is you can sue anybody anywhere for anything, the question is, will you win? if you had joe come in and testify, you might. Verbal contracts are binding, but exceptionally difficult to prove.

the best thing is for joe to handle it, since he was enganged in verbal contract with the mechanic, and since a judge may consider that contract not transferrable.

there might be something else you can do in addition to, or instead of small claims.

I've only been to oregon once , but I know in California, mechanics are regulated by a division of the State Consumer Protection Agency. Mechanics have a special division all to themselves. In california, the 800 number to the agency must be posted conspicuously in the garage. My guess is oregon most likely has something similar. you just might need to dig around and find it.

Call them up and complain. State of California closes down crooked mechanics all the time, nearly on a daily basis.

and the last option. It's hard to make this work, but if you're lucky, it works like nothing else. (Better than calling a lawyer or the state, even.) Call the local televison station and ask if they have a consumer affairs reporter. if they do, tell him/her and if you're story is interesting enough, they might look into it for you. Not to again bring up California, but one of the stations in Los Angeles has one of these, and the most popular segment of their news broadcast is his. Businesses hate being embarassed in front of the population of metropolitan LA. (12,000,000+)

good luck.


fred