What rights do I have with my mechanic?

My car needed a new engine due to back pressure issues and a mechanic put in a 2011 2.0-litre Volkswagen Passat engine that he sourced for me, but the engine isn’t running right at all.

He told me it’s fine and to give it a good drive, but since then it’s sluggish while changing gears, there’s smoke and it wouldn’t start for me the other night. I have rang said mechanic and he has told me that it’s up to me to ring the person he sourced the engine off.

Where do I stand here? Is it up to me to pay labour all over again? Should it be me ringing the person he sourced the engine off?

The only problem with my old engine was oil around its injectors. I got them replaced but same thing happened so I opted for a new engine which I was told my multiple people I should do. Am I at a loss here? Is it worth chasing my mechanic over the problems?

Thanks!

Megan Murray (Kilcormac)

Nov 2024 Filed under: fault

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Expert answer

Hi Megan,

That's a very difficult situation and also not easy to untangle from a legal perspective. The mechanic certainly has some responsibility if they sourced the engine for you, though I'd suggest that extends only to communicating with the seller of the engine. They are ultimately responsible for its condition, depending on how it was presented to your mechanic. 

Go back to the mechanic and tell them you think it's their responsibility to sort out one way or another and see how you get on. If you have no luck, consider getting in touch with the CPCC (Competition and Consumer Protection Commission) as it may be well-placed to advise you. 

Hopefully you have all of this fully documented. 

Best of luck

Shane O' Donoghue - Complete Car Advisor
@Shane_O_D