LEGAL ADVISE
- Thread starter cawley
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Challenger RTA
Well-Known Member
legal opinion on what subject?
Cuda Hunter
Well-Known Member
loaded question. If it pertains to the building of residential homes and their process's, I know a little.
no its about a car i did body & paint on from out of state he is trying to get some of his money back he said i did that bad of a job but yet he looked it over & thought it was nice before he handed the check & left
hemi71x
Well-Known Member
He's also got postings about this on both the A & B body sites.
Can't take it up, in private messaging on any of the sites.
Can't take it up, in private messaging on any of the sites.
challenger6pak
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Legal advice: get an attorney. When you go across state lines everything changes. Different states; different laws. You were hired because you can paint. Hire an attorney because they work with law. I hope things work out for the best.
Challenger RTA
Well-Known Member
Documentation : Did you and the Other party provide to each other at beginning and end of transaction? Examples of previous work you done,what to expect. Specification in writing what was to be done. pictures before and after. examples of pictures or drawings of work to be done,or just verbal? A witness if there was a verbal. Verbal: everybody can interpret differently. Did individual express any of there concerns during the work? Did individual present any of there other estimates and your estimate,for price comparison before taking receipt of goods or services. Estimate is just that! Was there notification of exceeding estimate and an agreed continuances of work? Ever job has there own hidden can of worms. Did individual express his concerns and give you opportunity to rectify the problem or present and estimates of problem. No criticism here: You do a bad job or the job exceed finances. {Wife *****-en} I guess a he. Did individual conclude you made to much for the job? You more then likely got jobber prices for parts. individual feels they get a discount. No that's your business and profit. Individual payed and take recite of property? Then individual accepts services as acceptable. Now there is theft of services and theft deception. In the auto business, I have seen individuals go to jail on both side for this. If the individual signed a promissory note and didn't pay that's theft of services. If paid you and stopped payment that's theft by deception.check or what ever. Now there are inferences and implications that can come into play,but in writing rules. When you are ask you say. "I don't know what you are talking about!" Being a PA resident.The work was done in your shop. I know the individual has to file in the county of the alleged deed done wrong. As in most states. If it would go to court.mighty big IF. It could go either way.present facts facts rule stay calm.Don't piss off the Magistrate or Judge. I could go on. This is my opinion from experience. Don't Sweat it individual came to your shop for a reason! If it wasn't .good enough individual should have left it there. There's always more to the story.
70chall440
Well-Known Member
Sounds like the typical buyer remorse usually fueled but a "buddy" who is explaining why your work is sub par which is upsetting the owner who is now asking for money back. If he accepted it initially and took the car he is going to have an up hill battle
i offered to do it over at my expense no he wants the money
Challenger RTA
Well-Known Member
CASE AND POINT! Word of caution! Don't know ever thing.he could file a suite and you don't show up he could win by default. there will be plenty of notice. then look in to a attorney. more than likely small claims court. call his bluff.
All of the advice on here has been very good. I don't think this is an issue of your work quality. This is like the guy that goes to a restaurant and complains about the food when he's done eating. He wants some money. You are doing everything right. Whatever you do, don't discuss him by name or identifying info here or anywhere. Call his bluff. He just wants some money. So sorry to hear this is happening to you. I rarely working on other people's stuff and this is one of the reasons.
The helpful know it all buddy
Challenger RTA
Well-Known Member
Don't give him anything.It could be considered an admission or omission of guilt. play it out. I do believe in Public relations PR but not in this case. You offered to do it while it was in your shop. in your care. Bailment! offer expired.
Bailment
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee".Wikipedia
Bailment
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee".Wikipedia
Last edited:
Juan Veldez
Well-Known Member
Nice Recce. I got a signed print from Robin Olds and the two other pilots that ran thru the Hanoi steel mills. My Dad was stationed at Thailand and worked with the RF-4C's. I got some great patches. I worked F1-11's and A-10's 82-86. Loved your photo, brings back memories.
Juan Veldez
Well-Known Member
Okay, THIS IS NOT LEGAL ADVICE! One, he left with the car and was happy. This amount is probably outside small claims court - real court is expense for him (and you). Burden of proof is on him. He would probably have to "file" in your state, that would be a pain for him if a great distance. Everything pretty much is in your favor based on your comments. Ride it out and see if he wants to take it to the next level. If it does go a couple steps more, a lawyer is your best friend.
I edited my reply out because I saw RTA’s afterwards. It said basically the same thing without the legal terminology.
70chall440
Well-Known Member
Whatever you do, stick to your guns. Giving in even a little will not help. That said, if he has legit issues you need to address them. I understand he took the vehicle but we all know that at the time of pick up many times the owner is so excited he/she doesn't really look at the car in detail. Additionally, there is a possibility that the paint has issues that were not apparent then (not saying this is the case, but there are always 2 stories and typically the truth lies in the middle).
Money brings out the worst in everyone, that said paint and body work are probably 2 of the least understood automotive issues out there especially with non-car people (people who do not actually work on cars, might like them but do all of the work writing checks).
Even for car people paint and body can be a sobering issue because "back in the day" you could get a car painted for like $300, however we forget that those cars were not all that old back than and generally didn't have 40+ years of damage and abuse. On top of that the cost of materials has gone crazy.
Money brings out the worst in everyone, that said paint and body work are probably 2 of the least understood automotive issues out there especially with non-car people (people who do not actually work on cars, might like them but do all of the work writing checks).
Even for car people paint and body can be a sobering issue because "back in the day" you could get a car painted for like $300, however we forget that those cars were not all that old back than and generally didn't have 40+ years of damage and abuse. On top of that the cost of materials has gone crazy.
70chall440
Well-Known Member
Yeah, clear sign he is a D bag and I stand by my statement that he has some "buddy" talking smack. You have obviously made a reasonable professional offer and him refusing only means it isn't that bad and he is an A hole.
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