Body Shop Dispute

[brcorp]

So here’s the problem in a nut shell: I took a car of mine to a local body shop, we agreed (verbally) on the work to be done, price and a completion date two weeks from the day the work started. At the end of two weeks the car was not finished and since then I’ve gotten nothing but excuses about when it would be done. It was supposed to be completed today (two and half weeks late) and as expected it isn’t anywhere near done. I said I’d take car today unfinished. The owner tells me to give him until Saturday and I say no, it’s already too late, just give me a price for the minimal work done. The price he gives me is well in excess of the value of the work performed. He doesn't want to release the car or be fair on the price. I’ve told him to stop work. So what are my options here? If I were to walk in and just take the car unfinished he’d have me for theft. Yet I have no recourse, as the car is in his shop and he can quote me whatever price he wants to for the work performed, short of the originally agreed upon price. I’m basically at the mercy of the shop.

Should have gone to Maaco......

Thanks

[Charles Freeborn]

Sounds like a candidate for small claims court.

[86 911 Targa]

Originally Posted by brcorp

So here’s the problem in a nut shell: I took a car of mine to a local body shop, we agreed (verbally) on the work to be done, price and a completion date two weeks from the day the work started. At the end of two weeks the car was not finished and since then I’ve gotten nothing but excuses about when it would be done. It was supposed to be completed today (two and half weeks late) and as expected it isn’t anywhere near done. I said I’d take car today unfinished. The owner tells me to give him until Saturday and I say no, it’s already too late, just give me a price for the minimal work done. The price he gives me is well in excess of the value of the work performed. He doesn't want to release the car or be fair on the price. I’ve told him to stop work. So what are my options here? If I were to walk in and just take the car unfinished he’d have me for theft. Yet I have no recourse, as the car is in his shop and he can quote me whatever price he wants to for the work performed, short of the originally agreed upon price. I’m basically at the mercy of the shop.

Should have gone to Maaco......

Thanks

Call this guy!!!(Call-It-Friend-O)

He gets results!!!!

[Flat Six]

Originally Posted by brcorp

. . . we agreed (verbally) on the work to be done, price and a completion date two weeks from the day the work started. . . .

Without a written work order/agreement, I think it'd be very hard & time consuming to prove some kind of breach. Factor in the possibility of a mechanic's lien, and the leverage -- right or not -- may be on the shop's side.

At this point it might be most prudent to get -- in writing -- whatever commitment (scope of work, quality of result, warranty, and total price) you can agree to w/this shop.

I don't mean to be a jerk, but I'm amazed you'd entrust your car (and commit to whatever $$$ you agreed to) without a valid contract/service agreement.

Good luck.

[76 Targa]

I would show up first thing in the morning and demand to have my car returned to me. Bring a friend as a witness. Let him take you to court......there is no contract. The longer you leave the car there, the deeper in you'll be. I've been down this road before

[76 Targa]

I just noticed you're in Tucson. Could you PM me with the name of the body shop you took it to? Thanks.

[56 nomad]

sorry to hear about this others may have better advice,
small claims takes too much time,if you have a lawyer friend a visit (with you) /letter maybe...i would just want my car out of there so no new damage , stuff in the oil new body damage etc.
i would offer what you want to pay (obviously more than you agreed on) and go from there. even if you had an agreement on paper the price always goes up.....
bring freindo along when you make the reasonable offer and get the bill signed as paid so no lien involved.....i would chalk it up to experience. dont want to see storage fees tacked on!!!
jmtc, ben

[brcorp]

Originally Posted by Flat Six

Without a written work order/agreement, I think it'd be very hard & time consuming to prove some kind of breach. Factor in the possibility of a mechanic's lien, and the leverage -- right or not -- may be on the shop's side.

At this point it might be most prudent to get -- in writing -- whatever commitment (scope of work, quality of result, warranty, and total price) you can agree to w/this shop.

I don't mean to be a jerk, but I'm amazed you'd entrust your car (and commit to whatever $$$ you agreed to) without a valid contract/service agreement.

Good luck.

You're not being a jerk, though you do sound like my wife. Haha.....

In hind sight, I should have gotten a written work order as this reinforces the fact that a man's word ain't worth dog shat.....

Lesson learned.....

[RWebb]

there IS a contract whether anything was written or not - the problem with an oral contract is proving what the terms are

did you sign anything?

do you have witnesses from when you brought it there?

also, unlikely that simply grabbing the car is theft, tho I don't know AZ law, but it is problematic

why not show up with a witness (friend, not a spouse) and demand your car back - shop may say "we did xx and yy, so pay for that" - if so, you will need to pay them

if they are vague, then demand a written accounting immediately - if they stall repeat yoy want your car back right now

if you have to leave w/o the car, then you need to visit an attorney right away

you could also call the local police/sheriff; and ask the local Bar to see if they offer an initial consult with an attorney for cheap ($35 in Oregon)

AZ may not have a worthwhile consumer protection agency (usually not found in a conservative state) but investigate that also

you will want to post the truth about this shop all over the internet

[Danimal16]

Talk to an attorney.

BUT, why not call the local PD and tell then that you are recovering your private property?? I had something like this happen to me when I was 20. Called the cops and they said call them if the garage does not release your car. The garage did not want to release, I called the PD and I got my car.

[dipso]

Have you tried the CSLB, in Arizona it is probably ASLB. I had a dispute between myself and another contractor, on a verbal agreement and the CSLB took care of it. Also the Better Business Bureau might do some good.
Those organizations are free to use.

Just having these names look into it might make the guy think twice about what he is doing. A ding against his license, or whatever negativity a ding from the BBB could do. Might make the difference.

Is your car drivable? If so, if you just walk in there and drive off with it. I doubt it is stealing.
After all there is no written proof that it was there and it is your car.
Put the burden on him. Make him take you to court and explain to the judge why you went in there and removed your car.
If he even pursues it.

[john walker's workshop]

if you didn't sign a work order, the car was never there. tell him to send you a reasonable bill for the work up to now and you will pay it. then take the car.

[WRGREENER]

first see if there is a "BUREAU OF AUTOMOTIVE REPAIR "BAR" in ARIZONA. The BAR in conjunction with the DMV are the governing body that licenses, oversee, and control body shops and auto sales in many states. I have found them to be extremely supportive of the consumer and wheel a heavy hand when it comes to their licensees. Body shops and auto sales have big bonds that you can make claims against. I had a similar situation and once the BAR got involved the shop wanted to give me the car and all the money--just wanted the whole thing to disappear. The BAR has teeth and can bite hard. give them a try

[don gilbert]

I see most of you guys have never dealt with body shops before. They are never done when they say they will be, and if you push them they just take longer. If the guy is doing good work, let him be and let him finish. You will come out cheaper and get it back faster in the long run. Just 2 weeks late, for my painter, ive waited over a yr before, on several cars ive done. Best not to rush them.

[brcorp]

Originally Posted by dipso

Is your car drivable? If so, if you just walk in there and drive off with it. I doubt it is stealing.

If only, it has to be trailered otherwise that would be an option. The trailering issue adds alot of complexity.... "Can you guys wait to kill me while I put the ties downs on??"

Originally Posted by john walker's workshop

......tell him to send you a reasonable bill for the work up to now and you will pay it......

"...reasonable..." there in the diffucilty lies

I'm sure I'm gonna end up taking it in the shorts. The real issue is the principle here, as the consumer I have what seems to be little or no recourse. Pay what he deems as reasonable and condsider it part of my education. But what have I really learned? Next time write it all up and when I get screwed again then what? Go hire and attorney over a $1000.00 issue?

[77TARGAV8]

Go to the shop with the police, he will know you are serious then. demand a written estimate for what was done on the car so far, pay the bill so you have your car back then take him to small claims. If none of the work on his estimate was done or overwritten, have another shop or adjuster write you the difference to take to small claims. Also file a complaint with the better business bureau. If he has a web site leave bad feedback for future customers.
Good luck. Do not take your time on this or shop can lien your car.

[LorraineKerri]

I would show up first thing in the morning and demand to have my car returned to me

[Desertpagoda]

I own a M-Benz mechanical shop in Tucson. I have learned the hard way that the customer (you) can demand/take the car. The shop owner MUST release it. Regardless of the details.Of course, he may then sue you as it is a CIVIL matter. A he said/she said kind of thing. In my case, the customer brought a cop, who told me in (no uncertain terms) to give him the car. I did. But I sued and I won. Much $$ spent on legals and 2 years. Keith

[76 Targa]

I see most of you guys have never dealt with body shops before. They are never done when they say they will be, and if you push them they just take longer. If the guy is doing good work, let him be and let him finish. You will come out cheaper and get it back faster in the long run. Just 2 weeks late, for my painter, ive waited over a yr before, on several cars ive done. Best not to rush them.

About 15 years ago I had a major issue with a local body shop here in Tucson, which by the way is no longer in business. The big problem I have with a situation like this one is the lack of communication and honesty up-front. Why can't these guys be forthright and just TELL us it is going to take 2-3 months to finish the work. Nooo. Instead we get the "it will take two weeks" routine when the shop owner knows damn well he can't get it done in that time frame. He's saying whatever he thinks it will take to get the job. Then, when things drag on, no communication unless the customer starts bugging him. Whatever happened to old fashioned honesty and customer service? I'd be just fine with 2-3 months if only the shop owner would just tell us that UP FRONT, and be proactive with me and communicate if there are unexpected delays. I think most of us would understand that. Bottom line......say what you're going to do, and do what you say.

By the way. I sued that body shop from 15 years ago and won the lawsuit. Hated to have to go that route, but would have been out of several thousand dollars if I didn't. I made the mistake of giving the guy a substantial amount of money before the work was done.

[Esposito]

If you didn't sign a repair orderfor the amount stated, you do not have to pay anything.
The law states that a signed repair order is needed to do the work.
Go to the Sheriffs office and tell them that you want to get you car.
They will go with you and tell the owner he has to release the car.
Also go to the B.A.R. They will tell you the same thing.
You don't need a lawyer.

John