Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We need a explanation of what you are talking about, because this makes no sense at all..!
Those four avenues of recourse for an automotive repair dispute are specifically listed in the AZ state automotive repair statutes. The point is that one's recourse in an automotive repair dispute or where a shop has not followed the specifics of how to conduct business are strictly CIVIL matters, not criminal ... as some here have advised to "call the cops".
So, as a vehicle owner with a dispute over charges for repairs to a car, you can:
Contact a state approved mediator if the shop will agree to binding arbitration
Contact the State Bureau of Consumer Affairs to file a civil complaint
Pursue your claim in Small Claims court
Retain your own private attorney to go after the shop
Those are the specific remedy avenues you have available to you in AZ per statute in the absence of reaching an agreement with the shop, and they are all CIVIL matters.
There are statutes for an estimate and authorization for work to be done if a car is driven in to a shop, with a limit of not to exceed a 110% over that estimate without getting further authorization if hidden problems or additional work is needed to complete the repair. How stringently these statutes are followed varies greatly from shop to shop depending upon their clientele and if a business license is required where they are operating.
In the example you cited for brakes, I would not have proceeded with the additional work without your authorization after an approved repair quote; if you had declined to do the needed work, I'd have reassembled your car for a modest cost and let you take it somewhere else without any representation that I'd performed a brake repair on your car. If you refused to pay me for my professional services rendered, then yes, I would hold your car for my mechanic's lien until you paid up, and I'd go after you for storage charges, too, if the car was held for over 48 hours. Please, no misunderstanding here: I am not about to let a car go out of my shop with a partial, incorrect & unsafe repair where you drive it away. Another option would be to have it towed away from my shop in a disassembled condition, not driveable. In addition, I'd have noted on the work order that you declined to have recommended repairs authorized and I'd have gotten you to initial that statement before your car left my shop. Yes, I've been there where a customer got into an accident after declining repairs and then claimed that I'd said that it was "OK" to drive the car to another shop when I'd made no such statement; in fact, I'd advised them to have the car towed to the other shop and I even refered them to a reasonable cost flat-bed tow service.
But what has totally muddled the situation here is that the OP's daughter took the car to a "shade tree" mechanic, not a regular business. There's nothing that prevents a contracted business arrangement between private parties; for all we know, the shade tree guy here isn't even a qualified mechanic to do this work. But the car owner contracted to have him do the work. The bottom line remains that the OP's daughter has a civil problem, not a criminal legal situation. Further complicating the situation is that the AZ statute requires that parts to be returned to the owner must be requested before the repair is authorized.
Even by the AZ automotive repair statutes, the issue is a purely civil situation, with possible recourse through dispute resolution, Consumer Affairs protection, small claims court, or via an attorney. Of particular interest is that the AZ auto repair statutes only address monetary issues and do not require that a shop complete or effect repairs, but they do require that a shop post the auto repair consumer rights in the shop or the shop is in violation of the Consumer Affairs laws ... which can subject the shop to triple damages in a repair dispute, just for not having the sign posted. Last time I checked, no poster on the shop wall ever fixed a car ....
I doubt the OP really knows the entire conversation between her daughter and the shade tree mechanic and what was contracted to be done. No law enforcement agency around here is going to step into that situation, especially where the car owner had the car towed into the shop and acknowledges that they contracted for automotive repair work to be performed.
Thanks for the clarification on what is understandably a unique situation that we are debating without all of the information. FWIW, in most places I have experience, you can contact the police only to force the return of your property assuming that the shop/mechanic in question violated the law by performing unauthorized repairs. If they can't prove at that moment that the repairs they are charging for were authorized, they must release the car. After that the shop can pursue remedy in civil court.
This thread is for any mechanics out there who might know the proper way to handle this.
My daughter took her car in to a backyard mechanic. He is licensed but works from home. There were issues with overheating. She specifically told him the parts her husband just replaced himself, but some of the problems they were having went beyond what he did.
The mechanic told her what needed to be done, and replaced the needed parts. However, he also replaced parts that did not need to be replaced, as they had just recently been done and the extra work was not authorized, as my daughter or her husband were never notified as to what else he was going to do and replace.
Now the bill is way beyond what they budgeted for....long story short, can she legally ask him to take off the parts and just give them back their old parts and the car, as is? She had to have it towed to this guy's house and will have to have it towed home. However, she is worried he might retaliate if she mentions legalities and we dont know if he is capable of, or would, sabotoge her car. Basically all Im asking is can she legally ask him to take those parts he put on, that were unauthorized, give her car back as is and just pay him for the work he already did?
One thing here I am having issue with is a lot of you assumes the mechanic is somewhat shady or incompetent because he is doing buisiness at his place of residence. So let me get this right, I was in the trade for some 25 years, I was one certification from being master certified, I posess over $80,000 in tools, owned and operated a successful repair facility for the last 11 of the 25 years, but now that I decided to make a career change, I am no longer competent to do professional work? Do not be so quick to judge without having more details and both sides of the story. I have found that there are far more incompetent consumers than professionals!
I would never do added work without a customers approval, but there are many cases where you find yourself in a position that additional work or parts are needed once service is initiated , whether we like it or not. Case in point, I recently purchased a truck from my employer just to have around for towing and whatnot. After driving I noticed the smell of coolant and discovered an intake gasket leak. Common problem, and simple fix. I aquired all the needed parts and began the repairs. Upon reassembly I went to reinstall the distributor, I realized the drive gear was nearly worn threw and it would not be long before I was sitting on the side of the road awaiting a tow. Not to mention the additional amount of labor required to access the distributor as it requires half the intake to be removed again. At the time, there was not a gear to be found and the only option I had was to replace the entire distributor with a rebuilt unit and this required an exchange of the old distributor as a core. I had no intentions of replacing a distributor in the beginning, but not to replace it would have been just plain ignorant. The cost to have done the repairs later, plus the tow bill and inconvenience would have been much worse. Now, what kind of post would we be reading if that had happened to the OP's daughter?
I too would like to see more details Before passing out advice.
One thing here I am having issue with is a lot of you assumes the mechanic is somewhat shady or incompetent because he is doing buisiness at his place of residence. So let me get this right, I was in the trade for some 25 years, I was one certification from being master certified, I posess over $80,000 in tools, owned and operated a successful repair facility for the last 11 of the 25 years, but now that I decided to make a career change, I am no longer competent to do professional work? Do not be so quick to judge without having more details and both sides of the story. I have found that there are far more incompetent consumers than professionals!
I would never do added work without a customers approval, but there are many cases where you find yourself in a position that additional work or parts are needed once service is initiated , whether we like it or not. Case in point, I recently purchased a truck from my employer just to have around for towing and whatnot. After driving I noticed the smell of coolant and discovered an intake gasket leak. Common problem, and simple fix. I aquired all the needed parts and began the repairs. Upon reassembly I went to reinstall the distributor, I realized the drive gear was nearly worn threw and it would not be long before I was sitting on the side of the road awaiting a tow. Not to mention the additional amount of labor required to access the distributor as it requires half the intake to be removed again. At the time, there was not a gear to be found and the only option I had was to replace the entire distributor with a rebuilt unit and this required an exchange of the old distributor as a core. I had no intentions of replacing a distributor in the beginning, but not to replace it would have been just plain ignorant. The cost to have done the repairs later, plus the tow bill and inconvenience would have been much worse. Now, what kind of post would we be reading if that had happened to the OP's daughter?
I too would like to see more details Before passing out advice.
You would be correct to replace the distributor in that circumstance, but you can't legally replace it and pass the extra cost on to the customer without getting verbal OK from the customer, no matter what the circumstances. The customer has a copy of the written estimate and is required to pay no more than that amount. Any overage must be approved and noted on the invoice before proceeding. If you are unable to reach the customer, you push the car out in the lot and go on to something else, unless you want to get involved with the situation the OP is in. If you ran your own shop for years you surely must know that.
It's not uncommon to find addition problems when getting into a job, that isn't the question. You must get an OK before proceeding. If you gave a customer a written estimate, you can not go over that amount without calling and getting a verbal OK. If you do go over than amount, you just donated the cost of the extra part.
I do agree that the OP is giving us third or fourth hand information and what really happened may be far from what we are hearing about. The first thing you learn when dealing with a customer is, they all lie..! They don't mean to, but their lack of knowledge, and their embarrassment to tell you what they did to the vehicle before bringing it to you, they tend to stretch the truth.
All dealers and reputable shops will give you a written estimate for one hour at their hourly shop rate. In that hour, the the tech will diagnose the problem and call with a complete and proper estimate. If you don't get an OK, you don't proceed.
No one can give an estimate from what the customer states when the vehicle arrives. You might give a ball park estimate from what you heard, but you don't put a ball park estimate in writing.
This is not a complete list of rights and rules under Chapter ATCP 132. You should refer to the actual Code or a lawyer for further information concerning the application of these rules to your particular situation.
Repair Authorization
No shop may perform any repair that has not been authorized by the customer. Before a shop starts any repairs whose total price may exceed $50, a shop representative shall record the repair authorization on a written repair order.
Test the car. If it runs without overheating the repair is complete. Assume the previously installed parts were either incorrect or improperly installed (rank amateur is worse than "backyard" mechanic). So pay the guy for fixing your car.
If you are too cheap to even pay a "backyard" guy you will be in shock over the cost of repairs in a place that actually has lifts, licenses and a complete set of "Snap-On" tools. If that is too expensive do without a car or learn to fix it yourself.
This thread is for any mechanics out there who might know the proper way to handle this.
My daughter took her car in to a backyard mechanic. He is licensed but works from home. There were issues with overheating. She specifically told him the parts her husband just replaced himself, but some of the problems they were having went beyond what he did.
The mechanic told her what needed to be done, and replaced the needed parts. However, he also replaced parts that did not need to be replaced, as they had just recently been done and the extra work was not authorized, as my daughter or her husband were never notified as to what else he was going to do and replace.
Now the bill is way beyond what they budgeted for....long story short, can she legally ask him to take off the parts and just give them back their old parts and the car, as is? She had to have it towed to this guy's house and will have to have it towed home. However, she is worried he might retaliate if she mentions legalities and we dont know if he is capable of, or would, sabotoge her car. Basically all Im asking is can she legally ask him to take those parts he put on, that were unauthorized, give her car back as is and just pay him for the work he already did?
Maybe the parts your husband installed were of poor quality and the mechanic could see failure was imminent etc.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
wrong!
