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Brooke Wilde · 08-09-2011, 11:44 PM

I am in a dilemma I never thought I would find myself in and I am at my wits end. I don’t know what else to do.

I am having the interior of my car re-wrapped … The seats, headliner, carpet and also adding an alarm, stereo system and a couple other interior things. I dropped my car off on June the 2ed and was quoted that the work would take 4 weeks, however here it is over 2 months later and I still do not have my car back.

I went up there today and the progress they have made is pathetic. Nothing is done, yet my whole car is torn apart. I told him 2 weeks ago and I needed my car back ASAP and when I went in today I was surprised to see that almost nothing has been done since the last time I was there 2 weeks ago.

The owner keeps giving me BS excuses as to why the job is taking so long, but the truth is, he is putting my car on the back burner while his 2 installers focus on all the walk in jobs that have a 5-8 hour turn around while my car just sits there for days without anyone working on it.

With school about to be starting again I don’t have time for this BS. I need to focus on my studies and not drive out to his shop every week to check on my car he has had for 9 plus weeks.

Can anyone tell me if I have any rights? How can I force him to finish my car?

Thanks so much for taking the time to read my post

acp5762 · 08-10-2011, 10:08 AM

If there was a contract on paper that you both signed with any mention of a time the work would be done you may have some legal recourse, without that probably not. What I would do is have him button the car up and take it someplace else. what my experiences with automotive places like this have been they really don't want the big job cause they really aren't very good at it. Plus they make more money at the quik easy jobs.

Brooke Wilde · 08-10-2011, 10:21 AM

Unfortunately I did not get the time frame in writing. Cars are my passion and this is the 6th car I have had this type of work done to and I have never had this problem before so getting the amount of time the work would take in writing did not even cross my mind.

Also sadly I have already paid him in full

M69 · 08-10-2011, 10:34 AM

I know this doesn't help but just like the hobby, pre-payment is a big mistake in any business transaction.

Your only hope is to hire an attorney and send a demand letter which may scare him into returning your car. If that doesn't work, you will have to sue him which will take a lot of time and all you may do is get a torn apart car back and your money but it will take months to do so.

You also can report his business to the BBB and write a google review which will tarnish his reputation and hurt his future business but that wont get your car back.

acp5762 · 08-10-2011, 10:36 AM

Yeah I love cars too. I've never had any interior Upholstery work done always mechanical or paintwork. But reworking interiors is an art and not easy and the price tag can be quite high. Well since you paid him in full thats definitely a problem. I wonder how this would work for you. Go back and talk with the guy and recap the the whole scenario of when you brought the car in and how long you expected the work to take and the fact you paid him in full before the work was complete. See if you can get him to commit on a date and hold him to it and try to get something in writting this time in case you need to see legal assitance later.

acp5762 · 08-10-2011, 10:42 AM

Quote:

Originally Posted by M69

I know this doesn't help but just like the hobby, pre-payment is a big mistake in any business transaction.

Your only hope is to hire an attorney and send a demand letter which may scare him into returning your car. If that doesn't work, you will have to sue him which will take a lot of time and all you may do is get a torn apart car back and your money but it will take months to do so.

You also can report his business to the BBB and write a google review which will tarnish his reputation and hurt his future business but that wont get your car back.

She already paid him in full no contract agreement on time ect. A letter from an attorney, he'll blow his nose with it. Being she paid in full signifies she was in agreement to any terms.

Brooke Wilde · 08-10-2011, 11:08 AM

Quote:

Originally Posted by acp5762

Yeah I love cars too. I've never had any interior Upholstery work done always mechanical or paintwork. But reworking interiors is an art and not easy and the price tag can be quite high. Well since you paid him in full thats definitely a problem. I wonder how this would work for you. Go back and talk with the guy and recap the the whole scenario of when you brought the car in and how long you expected the work to take and the fact you paid him in full before the work was complete. See if you can get him to commit on a date and hold him to it and try to get something in writting this time in case you need to see legal assitance later.

Thanks. That sounds like a good plan. The part that really sucks about this whole thing is that if my alarm or radio or amp or speaker or anything electrical fails in the future, I of course have to go back to him for warranty work and I would just hate to have a bad fall out with him right now and then have to come crawling back when something goes wrong.

These are pictures of some of his work, so he does have the ability to get the job done. Like most men, commitment seems to be his issue .... lol!!!

Gotyour6 · 08-10-2011, 01:57 PM

Offer him a freeby when the job is complete.
It will be done by morning

ShysterJon · 08-10-2011, 02:43 PM

Quote:

Originally Posted by acp5762

If there was a contract on paper that you both signed with any mention of a time the work would be done you may have some legal recourse, without that probably not.

That's an inaccurate statement of the law that no first-year law student would make and expect to pass contracts.

The fact that the work order (which is the "contract" here) doesn't state a completion date for the work doesn't mean that the business failing to meet the four-week deadline isn't breach of an oral agreement attendant to the contract. The oral contract would only be void if the written contract conflicted with it.

I agree that the OP should send a demand letter to the business that: (1) states the problem, (2) gives a deadline for the business to either complete the work or give the OP a full refund and her car returned in the condition in which it was delivered to the business, (3) states what the OP will do if her demand is not met (e.g., sue in small claims court and/or complain to the BBB and any appropriate state licensing agency), and (4) is sent certified mail, return receipt requested, so the OP has proof (the green card) that the business received the letter.

Quote:

Originally Posted by acp5762

She already paid him in full no contract agreement on time ect. A letter from an attorney, he'll blow his nose with it. Being she paid in full signifies she was in agreement to any terms.

I don't agree that it's certain the business will ignore the letter. I've been practicing law for more than 26 years, I've sent hundreds (if not thousands) of demand letters, and I only had a business ignore my letter once. (That business owner regretted ignoring my letter, I think, since I tried the case in small claims court and won my client 100% of her damages, plus my attorney's fees.)

Of course, the letter would probably be more effective if it were written by a lawyer. But you must pay a lawyer to work, just like anyone else. The OP needs to decide whether hiring a lawyer is worth the additional expense.

Cpalmson · 08-10-2011, 06:40 PM

Shyster stated it perfectly well. I'd use my Constitutional right to picket his place of business and tell perspective customers to find another place. You take food out of his mouth and he'll get your car finished in no time flat.

acp5762 · 08-10-2011, 07:56 PM

Quote:

Originally Posted by ShysterJon

That's an inaccurate statement of the law that no first-year law student would make and expect to pass contracts.

The fact that the work order (which is the "contract" here) doesn't state a completion date for the work doesn't mean that the business failing to meet the four-week deadline isn't breach of an oral agreement attendant to the contract. The oral contract would only be void if the written contract conflicted with it.

I agree that the OP should send a demand letter to the business that: (1) states the problem, (2) gives a deadline for the business to either complete the work or give the OP a full refund and her car returned in the condition in which it was delivered to the business, (3) states what the OP will do if her demand is not met (e.g., sue in small claims court and/or complain to the BBB and any appropriate state licensing agency), and (4) is sent certified mail, return receipt requested, so the OP has proof (the green card) that the business received the letter.

I don't agree that it's certain the business will ignore the letter. I've been practicing law for more than 26 years, I've sent hundreds (if not thousands) of demand letters, and I only had a business ignore my letter once. (That business owner regretted ignoring my letter, I think, since I tried the case in small claims court and won my client 100% of her damages, plus my attorney's fees.)

Of course, the letter would probably be more effective if it were written by a lawyer. But you must pay a lawyer to work, just like anyone else. The OP needs to decide whether hiring a lawyer is worth the additional expense.

Well don't make this more complicated than it has to be. I am not a first year Law student taking contract classes. You practice Law and Iam sure you do a large amount of this type of civil disputes. My advice was based on what most people would do before contacting an attorney. I know you might like to hear post like this where someone advises to contact an attorney and nothing else. Besides I think she was interested in what measures to take without the use of an Attorney cause apparently she had done buisness with this person on several ocassions and didn't want any hard feelings.

seventonine · 08-10-2011, 08:19 PM

SJs approach is the best...

But, if you're really brave and willing to go all the way, tell him you'll paint the car chicken $hit yellow and plaster an ad on the side of it describing his poor service. Tell him you will enter your vehicle in every car show from Austin to NYC to LA. He'll get more negative publicity than he wants.

royamcr · 08-10-2011, 09:57 PM

Wow, just noticed Brooke was banned, what happened?

guest061212-1 · 08-10-2011, 11:46 PM

^ That's a regular occurrence from what I gather.

Good luck with the car, Brooke.

ShysterJon · 08-11-2011, 09:44 AM

Quote:

Originally Posted by acp5762

I know you might like to hear post like this where someone advises to contact an attorney and nothing else.

If you mean that I'm some kind of drum-beater for people paying lawyers when they don't need to, that's absolutely ridiculous. In fact, if you read my post, it's a short-course on writing a demand letter without the need of an attorney. And it's just one of thousands of such posts I've written here and on ASPD for the past 9 years without being paid a penny.