How to deal with a poor install / purchase

[suicideking]

The $1500 was the difference in price. He paid for one part that cost x amount but installed a part that retails for over $1500 less than what he paid. (I know the whole story) He was screwed bad by a very reputable offroad company.

Does he have a printed estimate that states what part he was supposed to get? Emails? Anything that is physical evidence that can be printed out and handed to a judge. Documentation, etc.

If it's just 'I told him X and he installed Y' an attorney isn't going to be able to help.

For example, if you asked for a Rock Krawler X factor and he installed a stock mod: If the estimate just says: "Rock Krawler lift kit", you're done. If the estimate states 'X Factor' you will win the lawsuit. You will need another shop (preferably more than one shop) to either go to court with you or write an affidavit.

 

[xflstl]

Does he have a printed estimate that states what part he was supposed to get? Emails? Anything that is physical evidence that can be printed out and handed to a judge. Documentation, etc.

If it's just 'I told him X and he installed Y' an attorney isn't going to be able to help.

For example, if you asked for a Rock Krawler X factor and he installed a stock mod: If the estimate just says: "Rock Krawler lift kit", you're done.

That is exactly the problem I think I will run into. The parts list I have isn't very detailed, the part in question on the list shows as "Dana 60 with larger brakes". Now to a Jeep person, or even more so a JK person when a Dana 60 is put into a JK there are two different ways to do it. 1. A Dana 60 with 1 ton knuckles that requires a larger brake setup. and 2. A Dana 60 that can use the stock JK brakes with no modifications.

So when I saw my parts list and right on the top of the list it says, Dana 60 with larger brakes--------7100.00 , I knew without a second thought I was getting a 1ton front Dana 60.

Now when I picked my Jeep up, of course I took it for a test spin, looked it up and down said to myself, yup sexy Dana 60 front and rear axle's, really cool lookin EVO Double throwdown front and rear, damn I am set to go give this thing a offroad shakedown.

So several days later I did just that. After about 4 hours of mid-to-mild Iowa dirt wheeling (Less than 10 miles total) I broke a passenger side axle u-joint and tore up the stub shaft. Pulled the shaft out, and drove it home. Shot an e-mail to manufacturer and asked to get a replacement stub-shaft and a u-joint. They replied they needed the original order number to look up the axle to make sure they got me the right parts. So I got that from the installer, and forwarded it to the manufacturer, got reply back in minutes " That's just a standard OEM sized JKD44 stub shaft that is Chromoly, would you like me to send you one it's $$$.... At this point I ran out to the garage grabbed both the stub shaft and the inner shaft and looked more closely.... AND OMG he was right they were roughly the same diameter of a D44 shaft. (Sweaty and dirty on the trail I had not noticed this when I pulled them out). Long story short, I got a Dana 60 housing with Dana 44 knuckles and Dana 44 30/32 spline shafts, which when put on a 500HP Hemi JK running 42" tires is just freakin stupid... I paid for and was under the impression that I should have had a true Dana 60 with 1 ton knuckles that required the "Larger brakes" portion on the parts list.

So talking to the manufacturer the axle I got costs roughly 5500.00, the axle I paid for and didn't get is 7125.00
Due to the lack of detail's on any parts list, I most likely have little chance of getting this resolved shy of the installer stepping up to the plate and making this right.

 

[Sharkey]

If it's just 'I told him X and he installed Y' an attorney isn't going to be able to help.

For example, if you asked for a Rock Krawler X factor and he installed a stock mod: If the estimate just says: "Rock Krawler lift kit", you're done. If the estimate states 'X Factor' you will win the lawsuit. You will need another shop (preferably more than one shop) to either go to court with you or write an affidavit.

Sorry, but this just isn't true. I won't put everyone to sleep with a discussion of the law, but good lawyers sue over oral and/or ambiguous agreements all of the time. As just one small example, four weeks ago I just obtained a $90k judgment for a client on an oral agreement (absolutely zero terms in writing.)

OP- Like I said in my first post, see if you can resolve it on your own. If you can't (quickly), get qualified counsel involved.

 

[pvanweelden]

I can get you good counsel if it comes to that, as you know I now work for a large law firm

Sent from my LG-C800 using WAYALIFE mobile app

 

[xflstl]

On a odd and funny note to this, shortly after I sent an e-mail to the installer asking how this could have happened, and that he was the professional and being such he would know better than most that this axle should have never gone in my Jeep. (I was stern, but not hostile) well shortly after this e-mail all traces of my build were removed from the installers facebook page, this included 30+ pics of the build process and a decent amount of likes and comments. To the best of my knowledge no one had said anything but great thing's on any of the posts, so my only conclusion here is that it was taken down for some form of preventive damage control.

 

[suicideking]

Sorry, but this just isn't true. I won't put everyone to sleep with a discussion of the law, but good lawyers sue over oral and/or ambiguous agreements all of the time. As just one small example, four weeks ago I just obtained a $90k judgment for a client on an oral agreement (absolutely zero terms in writing.)

OP- Like I said in my first post, see if you can resolve it on your own. If you can't (quickly), get qualified counsel involved.

It may be possible, just much harder to prove. In your example, it's a $90K judgement. For that kind of amount, it's worth hiring attorneys and such. That is, unless you or someone else is volunteering to represent him for free. I doubt that's going to happen...

In this case, he's out $1625 ($7125 - $5500). So still sounds like a small claims case. If you are able to give back all of the parts, then you could probably go for the full amount. Even if suing for the $7K, you might be better off going to small claims and sue for the max. If the max is say $5K, you'd probably pay more than $2K for legal fees. Attorneys aren't cheap! Just ask me after paying $20K+ in legal fees (divorce).

As mentioned, definitely try to work something out with the shop before going the legal route.

 

[NFRs2000NYC]

It may be possible, just much harder to prove. In your example, it's a $90K judgement. For that kind of amount, it's worth hiring attorneys and such. That is, unless you or someone else is volunteering to represent him for free. I doubt that's going to happen...

In this case, he's out $1625 ($7125 - $5500). So still sounds like a small claims case. If you are able to give back all of the parts, then you could probably go for the full amount. Even if suing for the $7K, you might be better off going to small claims and sue for the max. If the max is say $5K, you'd probably pay more than $2K for legal fees. Attorneys aren't cheap! Just ask me after paying $20K+ in legal fees (divorce).

As mentioned, definitely try to work something out with the shop before going the legal route.

Not entirely true. If the story he just told above is the truth, that qualifies as consumer fraud. Consumer fraud in California (as well as many other states) gives the person a right to treble (a legal word for triple) damages, so at the MINIMUM, he is owed $1625 x3.....that doesn't include punitive (getting a tow from a trail), labor, oh, and attorney fees. This can be a 50K++ loss for the shop. If they had a brain, they would STFU and do right by the OP, otherwise they can be in for a world of financial hurt.

My wife currently has a consumer fraud case in NJ over a $27,000 used Subaru STI, and the damages are now north of $170,000, not to mention, all the money the other party had to spend for the arbitration itself.

 

[suicideking]

Any updates on this? Curious if he was willing to work with you.

 

[13JKUR]

I'm curious on the outcome of this also.

 

[xflstl]

Any updates on this? Curious if he was willing to work with you.

No result yet. Dan Mckeag / Burnsville Offroad / Dakota Customs , has made no effort to contact me, and no effort to resolve this issue. Although he does take the time to delete any posts I make on his facebook site, to bad he doesn't put that much effort into customer service and pickup the damn phone......


I am currently in contact with legal advise, as well as starting a facebook page telling people how he treats his customers. I am also looking into leasing a billboard near his new business in South Dakota.

 

[13JKUR]

No result yet. Dan Mckeag / Burnsville Offroad / Dakota Customs , has made no effort to contact me, and no effort to resolve this issue. Although he does take the time to delete any posts I make on his facebook site, to bad he doesn't put that much effort into customer service and pickup the damn phone......


I am currently in contact with legal advise, as well as starting a facebook page telling people how he treats his customers. I am also looking into leasing a billboard near his new business in South Dakota.

That's too bad. My uncle spent a lot of money there also (not quite as much as you) and I know he had problems with call backs and fixing on a blown shock. I hope it gets resolved for you.

 

[xflstl]

That's too bad. My uncle spent a lot of money there also (not quite as much as you) and I know he had problems with call backs and fixing on a blown shock. I hope it gets resolved for you.

I am done holding out hope for any fix coming from them. Which is why I have decided to take other actions, it just befuddles me why any business owner would take this route.

 

[13JKUR]

I am done holding out hope for any fix coming from them. Which is why I have decided to take other actions, it just befuddles me why any business owner would take this route.

I agree completely, very shady business.

 

[Notajerryskid]

Ouch. That sucks. I have a hard time trusting shops in general. that's why I do all my own stuff. Minus gears. :icon_crazy:

 

[Sharkey]

I am also looking into leasing a billboard near his new business in South Dakota.

:cheesy: Now that is funny. Just make certain you speak with your attorney to get advice on what you can and cannot put on the billboard. You don't want to put yourself in a position to get sued for libel.

 

[10frank9]

:cheesy: Now that is funny. Just make certain you speak with your attorney to get advice on what you can and cannot put on the billboard. You don't want to put yourself in a position to get sued for libel.

Did you just get paid for that recommendation Sharkey?

 

[JK's JK]

Have you made a complaint with the BBB?

 

[xflstl]

Just to update this, after speaking with many attorneys I ended up not pursuing legal action.
That being said, along with the previous issues I had with this installer more were found yet today...
I have my Jeep in a local shop to have the DTD adjusted as I recently downsized to 40" tires from 42's. They called me today and informed me that my front passenger side spring's had been installed wrong. Burnsville had screwed this up as well, had what should be the top spring on bottom and botton one on top.
If there ever is a next time I will certainly not try to get one shop to do it all. I will take engine work to the engine experts, suspension to the suspension guys and so on....

Sent from my SCH-I605

 

[MTG]

Sorry to hear you're still having issues. :grayno:

This reinforces my thought that when I move to the next level I my build I'll do it myself, or since I can't weld, have ORE do it. :yup:

 

[JAGS]

Sorry to hear you're still having issues. :grayno:

This reinforces my thought that when I move to the next level I my build I'll do it myself, or since I can't weld, have ORE do it. :yup:

Sharkey will be disappointed if he cant help out.

This is also why I just had ORE do my work and I'm lucky they are local. For me personally, was worth the little bit extra to have the experts do it. A lot wanting to be done at once and I certainly don't have the knowledge yet to take the lead. And Sharkey's consultation fees are/were outside my budget. :grayno: