Re: Would I have a chance in small claims court?

Posted by ScottyHOMEy on October 31, 2007 at 09:38:43 from (71.241.212.142):

In Reply to: Would I have a chance in small claims court? posted by JRT on October 30, 2007 at 22:29:24:

In line with what John T said, I think you'd have a poor chance of winning.

You'd have to prove that some of the work they did was unnecessary to get the baler fixed. Yes, it took some more work from the second guy to get it right, but would what he did have worked if the parts and work the dealer put into it had not been done? Even if you think so, you'd have to prove it. At most, given that they refused to work on it any furher, you might be able to make a claim for that part of the work that he had to redo, but given what he charged, I'm not sure that would be the effort.

I don't know what consumer laws are in your state, but most warranties on new machinery do not cover incidental losses, such as you may have incurred by not being able to make hay while the machine was down. In that vein, I doubt that service warranties would cover anything of that sort either -- most, in fact, exclude it if the law allows them to. NOT taking their side, but if I were them, I would argue that, by ordering one part at a time, they were making a good-faith effort to fix your baler at the least cost to you.

I don't see you faring well in court with this.

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