How many opportunities should I give a business to correct a problem before I file a suit?

Asked 12 months ago - Shreveport, LA

I purchased vehicle rims and tires from a local business. After they placed the new rims and tires on my truck, I noticed vibrations while driving. The owner tried to correct this issue but over the next two weeks the vibrations were still there. He sent me to shops six times to have the tires balanced. The owner then replaced that set of tires and rims.
When the new set also caused vibrations, I requested a refund. He insisted on having the tire balanced again or he would charge a restocking fee. I went to the requested shop and I paid for mounting and the owner paid for a balance. The vibration is still there. I have a statement from one of the shops stating it is the tires & rims. The owner now wants to balance them again. Its has been a month.

Attorney answers (2)

  1. Joseph Mark Miller

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . I would continue to let the shop attempt to fix the problem if you believe they are sincere. It has been my experience that "you catch more flies with honey, than you do with vinegar." Continue to act in good faith to allow them to fix the problem while continuing to document each attempt and failure. Also, review the warranty language and bring that to the prompt attention of the shop. Another avenue is to write a letter to the local Better Business Bureau and send a copy to the shop. If all else fails you may need to seek representation in your local area to proceed in Parish Court (small claims).

  2. Pamela Koslyn

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . That's entirely up to you. If a business is trying to fix a problem and they're in good faith and you've got a reasonable belief that they can achieve the desired result, then give them as much time and as many tries as they need. But if all of those things aren't true, then don't waste your time giving them more time/tries.

    You may be bound by a written sales agreement, so review that before you make any decisions about how to proceed.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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