I think that my daughter has been taken adventage of by several mechanics. Is ther any recourse for her?

There is a Texas statute designed specifically to deal with these situations - the Texas Deceptive Trade Practices Act. Particularly, you are looking at Texas Business & Commerce Code Section 17.46(b)(13) & (22). These sections of the act state that it is a violation of the act to make misleading statements regarding the need for repairs or replacement parts and also to make representations that repairs have been performed or parts replaced when in fact no repairs or replacements have occurred.

You should start by gathering all the receipts you have from the previous repairs and taking you car into an authorized dealership for whatever make and model your car is. Have them inspect the car and run all the appropriate diagnostics. Have them take a look at the receipts from the previous shops and verify that the services and replacements stated on the receipts have actually been performed. It will usually cost you to have this service performed, and if they do any repairs, you will be paying a premium over a non-dealer mechanic, but if there has been any fraud, this is the best way to find it. If she has been "overcharged", there is not much you can do. There are no statutes that regulate how much a mechanic can charge for their services.

If you find there has been actual fraud and violations of the DTPA, then you may have a case against the previous mechanics. However, there is often a problem finding someone who will testify for you. In many of my cases, I see mechanics who will state "off the record" that they think there has been some fraud, but will not agree to testify in court. In that case, you will need to hire an expert, and they can be expensive.

If the dealership mechanics can easily solve the problem, and do not state they believe there was any fraud on the part of the previous mechanics, then your best bet may be to have them do the repairs and chalk it up to a bad experience. If however, the dealership mechanics think there has been some misrepresentations, then you may have some legal recourse against the previous mechanics. Just understand that it may take some time and some money up front to pursue your case against them. Proving up these cases is notoriously difficult, but if you win, it can be worth the effort.

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