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This is a direct transcription of a message that Dragone left on my phone."THis is Manny from Dragone Classic Cars. Manny Dragone. I spoke to Alex (his son). He said that you had some issues with the car. I have a guy that's down there that's an expert restorer that we know. And he's going to come over and go over the car, and you know make sure that it is running properly. And he's going to fix your directional signals, and just make sure that it is running properly and he straightens your instruments up. He said they were crooked, and have everything correct for you." (Anderson did come and work on the car, but did not work on the turn signals, nor was he able to straighten the instruments!) "I suspect maybe the trucker left the key on and burnt the points, or something that it's running erratically. But, in any case his name is Bill Anderson. I'm going to have him call you in a day or two, and I'm going to give him all your information, so that he can come over and straighten the car for you and make sure that everything is ok."
Dragone's counter offer is only slightly more than his origional offer!
I will sell the car back to Dragone for 2500 dollars less than I paid for it! This becomes a total of $4500 that I am willing to forgive on this claim. Dragone shall cover the cost to return the car to them.
Mr obviously has made a frivolous claim . First he wants the car fixed then he claims he spent $1400 dolloars on a horn repair and now he wants me the dealer to buy the car back . We offered to settle after we already sent a technician at our expense buy paying 1/2 the bill . But his response is he does not want the car . No dealer will take a car back after 5 monthes . A settlement would be to negotiate between the $700 and the $1400
Thia claim was not just for a horn repair. It is for major work done by a fully qualified dealer on the car's steering column, to fix the turning signal problem which Dragone acknowledged on the original purchase order, and subsequent communication which was indicative of a much larger problem within the steering column.
I will settle this claim for $1175
If there was a written (or verbal contract) that Dragone Classic Motor Cars should fix the turn signals, then Dragone Classic Motor Cars should fix the turn signals, which are an essential safety feature. Since they did not do so within a reasonable period of time, then in my view it was entirely appropriate to get the turn signals fixed and send Dragone the bill. Nothing else is relevant unless there was a subsequent agreement.
If Dragone undersestimated the cost, that is not the customer's problem.
This doesn't seem all that complicated and neither party sounds unreasonable. If the purchase contract included a writtern promise to "Check and fix turn signals," then Dragone Classic Motors should check and fix the turn signals. It's particularly important to get the signals fixed quickly since working turn signals are essential to a) ensure that the driver doesn't cause an accident and b) avoiding tickets and penalties.
I'm a little confused as to why the mechanic sent to the purchaser's home to complete that work would do something different? Was he not able to figure out how to fix the problem? Did the claimant accept different work in lieu of the agreed work, or was the work done because of an issue with the shipping? - in which case, those costs would probably (but not necessarily) go to the shipper's insurance.
I assume this is a classic car? Repairs are always going to be expensive, which is why dealers are usually very specific about what servicing has been done and what known defects will be repaired - or not. I'm not sure whether Dragone is unhappy about the bill because it is higher than anticipated, but unfortunately, a classic car dealer would (and should) be expected to know what a repair would cost. Mistakes are simply part of the learning curve.
I see that the claimant has agreed to shake hands on a settlement of $1175. If I'm not mistaken, that is a compromise between what he spent and what the dealer is prepared to offer. This seems reasonable to me, assuming that the dealer has had a chance to review the invoice for $1400, which doesn't appear to be included with the claim.
Neither party will be entirely happy, but it would be a whole lot cheaper and easier than even putting it through Small Claims. Unless there's something significant missing from the info provided by the two parties, that's a deal I'd personally take.
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