September 21, 2024
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Dispute over riding mower resolved peacefully

In August 2002, Jim R. of Calais was trying to squeeze another year out of his old riding lawn mower when it started making sounds like a small plane going down. It sputtered, started to move in halting jerks, the engine raced, there was a loud BANG, then silence. Jim knew enough to realize he had blown the engine. The old horse had died. He finished the job with a walk-behind mower, and later made the rounds pricing new mowers.

The least expensive machine he could find was around $1,000. Short on cash and with credit cards bursting at the seams, Jim decided a new engine would be cheaper, so he loaded the old mower into his box trailer and headed for the lawn and garden equipment store.

Later, with a repair estimate in his pocket, Jim told the owner he would call if he decided to authorize the repair. He then headed home, where he filled the empty space in his garage with a snowblower. He felt pretty satisfied with himself. He had saved $700 and had extra space in his garage while the mower was being repaired. By October the snow started to fly, and the riding mower became a distant memory.

But seasons change fast in Maine, and before Jim knew it, it was time to pack the snowblower away and his lawn already was ragged with spring growth. Jim looked around his garage and realized he seemed to have more space than usual. Uh-oh!

Between snow removal, ice fishing, the Super Bowl and other important issues, he had forgotten something. Hitching the box trailer to his pickup, he headed back to the repair shop.

When he arrived, the shop was closed. While poking around the chain link fenced “lawn mower graveyard” in the rear of the building, he encountered a disturbing sight. There, rusting and idle, was a riding mower of the same make and model as his old machine. But this one not only lacked an engine, it had no steering wheel, no wheels and no seat. He was pretty sure the mangled wreck was his trusted old friend.

Dazed and confused, Jim trucked on home, fretting until Monday about his mower’s fate. But when he called the dealership, they said when he hadn’t authorized the repairs or picked up the machine after six months, the shop had cannibalized it for parts, their policy for “abandoned equipment.” After a series of angry and unproductive exchanges with the shop owner, Jim contacted COMBAT and one of our mediators contacted the business.

We agreed that Jim should have kept in touch, but also suggested that the business should have notified Jim by phone or mail that if he did not make arrangements, the machine would be used for scrap. Wanting to maintain good customer relations, the shop agreed to bend over backward to find an agreeable resolution.

Since they hadn’t put any time into repairs, the owner agreed to sell Jim a new riding mower for $700, roughly $400 less than the sticker price. Jim took the offer, figuring he had still saved $300 or more and had enjoyed extra space in his garage all winter to boot.

The moral for the consumer: If you leave equipment for repair or service, don’t wait six months before following up; a business can’t be expected to be your personal storage area. And for the business: Have a procedure whereby the customer is contacted by telephone or mail with a deadline before you start with the “chop shop” thing. Good communication on both sides can prevent a nasty confrontation and bad feelings.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-The Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. For help or to request individual or business membership information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.


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