What can I do if I already paid for the new engine but vehicle still not given to me? 1 Answers as of August 06, 2017

I purchased a BMW in March 2016. Shortly after, the engine light came on and after that, I began getting warnings about the engine working on reduced power - eventually while traveling out of town the engine locked up. I took it to a mechanic but I advised that I didn't have my license so it was a huge rush, this was early September 2016. They advised that it needed a new engine, so I gave them $5000 for the purchase of a new engine and after that $1500 for approximately half of the labor. Several months went by with no contact, I'd call here and there but no update. After the last few months, I have been calling and each time they tell me their progress and always tell me they're 2 weeks away and then those two weeks come and go and my car does not move. I now have the opportunity for a restricted driving permit, which requires a breathalyzer but I am limited to a time frame to have it installed and each time I call, they assure me they are fixing it - and yet the car doesn't move. I have to pay the state $500 for the permit within 2 weeks - then I have 2 weeks to have the device installed - and if I don't I lose that opportunity and then I have to wait several more months to re-apply, pay $200 for a new evaluation, money for a new hearing (that I may or may not pass) out of town. They have $6500 of my money and I question if they ever even purchased an engine.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Candiano Law Office
Candiano Law Office | Charles J. Candiano
This is NOT a personal injury question but rather one about an implied oral contract. NONE of the details concerning you license are relevant, notwithstanding the additional expense you will incur. Assuming that you have no written contract that memorializes the shop's pledge to purchase an engine and no guaranteed date of completion, there isn't much you can do. If you sue, the shop will almost certainly say that it could not complete/deliver your car until you paid them the other $1,500+ that they are due for labor. If time was "of the essence," you should have written it down and made the shop sign it. Then you would have an enforceable contract. Remember that when you write it down, you cannot add anything to it without a writing that is signed by the party to be bound.
Answer Applies to: Illinois
Replied: 8/6/2017
Click to View More Answers: