replaced motor blows 2 months later? i need help, suggestions

[remix405]

ok here is the story i blew my motor last year my car sat for a while i had the m3 to drive for a while so i was not in a hurry to fix the cb7. i finally decided to get it fixed i was going to replace the motor myself but didnt have the time or cherry picker to do it myself. my dad told me about this backyard mechanic so i decided to give him a shot he charged me $800 to replace the f22 with another, and he was suppose to change all the seals waterpump and timing belt, maintenance stuff.

well he fixed the car and i got my car back first week of dec. everything under the hood looked good started driving my car i have put about 2k miles on it until today on my way to the academy i passed a big rig and heard the bearings let go pulled off the freeway and my car stalled out turn back on and sounds like i got marbles in the engine. i turn car off call the dude tell him motor blew he tells me thats not possible did i overheat the car i tell him no, he tells me he will look at it but if it wasnt something he screwed up or if the car didnt have oil he will not replace, he had given me a 3month warranty

so i get the car towed home i jack it up and start looking the scatter shield is missing theres oil coming from the oil pan gasket, oil coming from the timing belt cover, oil coming from the rear main, check dip stick and motor is bone dry, i suspect he didnt install new seals and did not install the recall retainer the oil pan gasket looks really flat like he never changed it

now my question is should i tell him hey the car didnt have oil because you didnt change the seals so the oil leaked out or let him look at it then if he refuses to fix it and say its my fault because i didnt put oil, say hey you didnt do the job right you didnt change the seals?

i didnt check the oil level constantly because i thought hey just had dude install my motor should be leak free i didnt notice any oil on floor because i park my car on the street.

i need this car fixed asap because i sold the m3 and the cb7 is my only car now. i got academy 4days out of the week


edit: forgot to say mechanic said i cant take my car to him till monday because he doesnt have room till then

also do you guys think he is fully responsible or am i too for not checking the oil level?

[92smokeaccord]

you are both responsible.you for not checking for leaks and oil consumption,and him if it really is leaking from said seals that where supposed to be changed .unless he got some uber cheap seals to try and save money.

[hondamanf22]

if he offered a warranty I would feel he needs to fix it cause I can see where you feel like everything is good and shouldn't be worried about it if it was done right.

[Bullhorn7]

Take pictures or drag him onto the freeway to see it for himself. He should honor the warranty.

[Jarrett]

Regardless of whether or not you were checking oil, you shouldn't have to in that short time period. And supposing there was a serious oil leak that you might have discovered a few weeks ago, he'd be pulling it out and redoing it anyway. So it's a moot point. If it were me, I'd want my money back and I would do it myself. Not having a cherry picker is an obstacle but you can get one from Harbor Freight for around $170. I guarantee more than that was paid to his labor. Get your money back and do it yourself.

[Tippey764]

Is the warranty in writing?

[remix405]

92smokeaccord yeah that's what I mean I feel a lil guilty for not checking but at the same time I feel I should of had peace of mind. I didnt notice any oil leaking when I picked the car up engine look clean because he probably used engine degreaser to clean it up, I would of love to do it myself just didn't have the cherry picker and my brother is a Honda master tech so i was going to have him do it but he just had a new born so he had no time.

Tippey I didn't get it in writing I'm going to take the car to him on Monday see what he says it probably in his best intrest to make it right because my dad gives him a lot of business.

I'll post pics of said oil leaks later

[Jarrett]

Explain the situation to your dad and get your dad on your side.

[remix405]

My dad is not in cali right now he is in Omaha Nebraska he won't get back for another week or so

[Jarrett]

Not that he needs to be there and hold your hand. But if what you say about your dad providing business to this guy is true, you want your dad to side with you on the situation.

[wed3k]

did you pay cash? you're pretty fucked.

[remix405]

Yeah my dad is siding with me, I'm starting to think i am but we will see Monday

[deevergote]

If you didn't get a warranty in writing, you didn't get a warranty.

[SOHC-FTW]

If you didn't get a warranty in writing, you didn't get a warranty.

Hes got a very good point.

This is why i do my own work (if it goes south its my fault) and ever full engine/long block i buy i get atleast a start up warranty writing in with the receipt.

Good luck to ya maybe hes a man of his word, but if he was he probably would have replaced the seals which you should have looked over and kept a close eye on.

[deevergote]

I do my own work when I can. When I can't, I go to people that I know I can trust, that I know I can hold accountable, and I make sure I have at least enough understanding of what they're doing to know if they've done something wrong.