Machine shop fiasco!

[pranderson]

In April, I took an engine into a local machine shop to have it rebuilt. After cleaning and inspecting it, I was told it wasn't a suitable donor for the type of rebuild I wanted. The owner of the shop said he could build me an engine in 3 weeks. We agreed on a price and I left him a $1200 deposit. I didn't have my truck that day, so we agreed that I would pick up my original engine when I picked up the new engine.
Now, I still don't have the new engine and the jerk who owns the shop refuses to give me back my original engine or give me a refund. His answer is "Take me to court."
I've filed a complaint with BBB and Consumer Affairs, and I'm researching the possibility of filing a compliant with the Engine Rebuilders Association? I imagine that I'll end up in small claims court?
Can anyone tell me of any other regulating/licensing agencies in California that could be of help in this matter?

[snbush67]

Originally Posted by pranderson

we agreed that I would pick up my original engine when I picked up the new engine.

Something seems to be missing in between these two statements. You said you had an agreement, and the piece to your agreement is you picking up a new engine, which doesn't exist. Did you agree to pay him to build you a new engine (in three weeks) and then backed out because it wasn't built on time?

Originally Posted by pranderson

Now, I still don't have the new engine and the jerk who owns the shop refuses to give me back my original engine or give me a refund. His answer is "Take me to court."

So he has your original engine and 1200 dollars deposit. And you asked for it back and he said no? Do you owe him any money for the work he has done ?

I would do as he says, take him to court. Get your stuff back. All the letters to organizations isn't going to get your engine back, they don't have that power.

[pranderson]

I figured the "He said, She said specifics" were circumstantial hearsay and therefore irrelevant. But no, I didn't back out of the deal. The guy is just a condesending jerk. I told my wife the first time I dropped my engine off "I hope that guy is a good mechanic? because he's rude as hell." I know several colleagues like that, NO bedside manner whatsoever, but EXTREMELY good clinicians.
I'm not concerned about a few extra weeks. I'd rather someone take their time and do quality work.
The only thing that I can figure is: I hadn't heard anything from him after 5 weeks or so. So, I called just to check on where he was with the engine. I wasn't the slightest bit rude about it or anything. I know better than to piss someone off whose doing something like building my engine. Its too easy to NOT torque the bearing caps or something? Same reason I dont send food back at a resturant?
He finished the engine. He called and left me a message that it was done on a Wednesday? On Friday morning of the same week, he called and left a pretty rude message on my machine "re-stating" that the engine was done and wanted to know when I was going to pay him. He rambled on about his bills piling up and how he would "appreciate" it IF I called him back. I called him back and "called him" on it. I politely told him that I thought that was kinda rude seeing how I'd been waiting for two months, but I assured him I'd be there Monday to pick it up. That pissed him off apparently, because when I got there on Monday, (He's an hour and half away) he demanded cash! I was totally unconfrontational and asked "I paid with a check before?" His response: "You pissed me off so you have to pay cash now!" He wouldnt even process my credit card? Obviously, just being a jerk. I tried to explain that my credit union was an hour and a half away, the otherway. Had I known he wanted cash I would have certainly brought it---its a 3 hr round trip. Basically, it came down to him carring on in an unprofessional manner and acting like a jerk. He said he would make one phone call and sell the engine he built. It was appearrent that he was unreasonable so, I just told him to go ahead and sell it. I told him I would pay him for the work on the original engine and be on my way.
He said he can sell the engine he built, so he's just being difficult.
I work with people everyday---lots of people. I would never dream of acting like that with any of them. Even the ones, that I cringe when they walk in the door. Besides the fact that it's unprofessional, it just not good business. I wouldn't stiff the guy for the engine he built, that's bad karma. He's not out anything? As he himself stated, he can sell the engine with one call, I'm out my original engine and $1200.
I recognize that the agencies I've contacted can't get my engine back. But, perhaps the next guy won't go there to start with if they research his business before hand. Look at MM? Although, as it turns out, I may have been better off taking my chances with them?

[Flat6pac]

Well, there is nothing wrong with dropping a name..after you get the engine back.
Bruce

[lindy 911]

I've learned some things about mechanics over the years; most are not real good people persons. Don't get me wrong, some are great to deal with but the majority have a lot to learn and don't really want to with regards to "customer satisfaction". Don't you know he is doing you a big favor? If it weren't for him the rotation of the earth would reverse and the sun would be extinguished in a matter of days.

Fact is with people like that, you would be better off swallowing your pride and tell him YOU made a mistake and apologize for being so RUDE. We all know you were not but it's probably the only thing that will get your motor back. If the money is not important and you can afford to get another motor elsewhere (this site would be a great place to start) tell him to F*%# Off and let a lawyer spank him in court. I personally would have to swallow my pride and get my motor back all the while trying not to whip his ass when I saw him.

Good luck.

Lindy

[GaryR]

Did you ask about this guy here (or elsewhere) before using him? If I walk into a shop (ANY kind of shop) and i'm treated like they are doing me a favor I walk away. You state he was "rude as hell" on your 1st visit. You should have told him to f%^k off right then and there. Put his name up, maybe yours' is an isolated incident but I doubt it!

[Schwarzeritter]

Hmmm, sticky to say the very least. I mean, I'm a little confused by how it all whent so wrong.

1. that's horrifically sad.
2. It's true not all mechanics or engineering firm/ tuners are hard edged and you get that way with time due to BS. So I'm not defending him, but I have had some grade A++ customers. With people and high profile cars they have a tendancey for egos. But it makes not sense, you didint do anything. The whole thing sounds off.
3. I'd suggest court. It's a hassel but your engine is you're engine. And the terms are grey about the money.

Sorry to hear that. It's crappy to get jacked around.

[lvporschepilot]

Why is it I always hear crap like this about machine shops? I literally just dealt with a machine shop locally that I personally went through hell with regarding a set of Ferrari heads. They did not check the installed spring height, did not check the new valves compared to old to make 100% sure they were correct (intakes were wrong!), the seats were cut by what looked like an 8 year olds work, and 4 of the valves were not lapped. This shop came highly recommended btw. What a bunch of tards. They told me it would take a week.......took a month. Another shop had to fix their blunders. I decided not to pursue them as it is a complete unnerving waste.

Oiint being. Pay top dollar to use an extremely reputable shop even if you have to send your heads to who knows where and never ever go through this again.

[Matt Monson]

Do you have any lawyer friends who can send him a letter on their letterhead? I think that would be enough to get this situation resolved. With bullies like that, they don't generally want to end up in court because they know in their heart and head that they are in the wrong. Raise the ante on the guy. I think you'll find he's bluffing and he'll fold.

But if he doesn't you do need to be ready to sue him. I sued an engine builder last year. He was made a total fool in court and ordered to return close to $4000. The problem once you get a judgement is getting payment. The guy I sued claimed he was out of work and under duress and the court allowed him to make $150/mo for several years. Then he didn't pay. That's when it got fun because he had assets that we could put a lien on. Once he realized that's where it was going his checks started showing up on time every single month and he paid the 3 months back payments. It was a pain though because we had to serve him again and get him back in court.

For you, the big gain in suing is he will be ordered to return your property. I've got $5 that says your core it probably usable in some manner. Even if certain things are bad, there's other things that are decent unless it's a siezed rusty engine that sat in the rain for 10 years. Suing him will at least get the core in your hands. And if he's sold your core or disposed of it, then it could turn criminal.

[lvporschepilot]

There is another chance this guy is just a dirtbag, already has pending judgements against him and doesn't care if he gets another one.

[lindy 911]

If he's doing business as a corporation and leases his building and has junk for tools that have no value a law suit is only going to cost you more money. I would be sure to look at what he MIGHT be worth before I spend any more cash. You might get a judgement on his corporation which MIGHT be worthless.

Lindy

[JJ 911SC]

Originally Posted by Matt Monson

Do you have any lawyer friends who can send him a letter on their letterhead? ...

You can fake one.

[daepp]

Please tell us this wasn't Motormesiter...