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Legally I doubt that she has much recourse since it appears that nothing was in writing.
It could be that what the mechanic did was reasonable. He may have had to remove the parts installed by the husband in order to do what he needed to do to fix the problem, and some parts shouldn't be reinstalled once they're removed. Also, it's likely that he would have been held responsible if the car started having more problems down the road even if the problem wasn't with the work he actually did, so he may have wanted to make sure that everything was on him. I can't make a fair judgement from here based on the information you've given, and neither can anyone else. If you could provide what parts were replaced by the husband and what work the mechanic did that would be helpful.
You need to talk to your Bureau of Automotive Repair in Wisconsin
Your state laws may be different but only authorized work should be paid for.
This is the correct answer...
..and what does "licensed" mean? Has he got a business license, or is he ASE licensed? If no business license, he can not legally charge for any work he does. Did he get permission either in writing or verbal? If not, he can't charge for the work.
When you give a written estimate and the amount exceeds the written estimate, he much call and get a verbal estimate and write on the invoice that he called and whom he talked to, or he can't collect. There are rules how mechanics must operate.
Lots of in's and out's, and without knowing all the facts, just do what ferretkona suggested and contact the BAR in your state. In california you can also contact the DMV, who will investigate shady mechanics, and they have the horsepower to straighten the guy out in a hurry. Arizon probably has the same program..
You are in way over your head and need to contact the proper authorities... Good luck
What to do ultimately comes down to how the guys business is setup. Did he do the work as part of a business registered at his location? If so, he needs to meet the state requirements for how work is handled, which will usually involve written estimates, proper licesning and insurance, etc. If that is the case, then you can go to the proper authorities.
If this guy is a mechanic who happens to do work on the side at this house under the table, then you are in a much stickier position and this will probably only be settled in small claims court. If he is a "shade tree" guy who just does this on the side, call him and see what you can work out. If not, the next step is to contact the police and get the car back.
What to do ultimately comes down to how the guys business is setup. Did he do the work as part of a business registered at his location? If so, he needs to meet the state requirements for how work is handled, which will usually involve written estimates, proper licesning and insurance, etc. If that is the case, then you can go to the proper authorities.
If this guy is a mechanic who happens to do work on the side at this house under the table, then you are in a much stickier position and this will probably only be settled in small claims court. If he is a "shade tree" guy who just does this on the side, call him and see what you can work out. If not, the next step is to contact the police and get the car back.
would depend on individual state laws, but so far as I'm aware he could withhold the car until payment was received for services rendered..
As stated, police cannot get involved in a civil matter, so the OP would either require to pay the bill, or take the mechanic to court
To the extent that he can assert a verbal contract to perform work upon it in exchange for a fee which needs to be paid, yes.
It's a mechanic's lien situation. He's provided labor and materials to perform work of a durable nature on a vehicle which he was contracted to do. It doesn't matter if he is a legitimate business shop or not, he's provided the materials and labor per verbal contract. It becomes a "he said, she said" situation of what he understood he was to accomplish and what the cost would be.
The civil side of this now comes into play. In a small claims court, it would have to be determined how the mechanic legally came into possession of the car. By the OP's admission, the mechanic was tasked with performing repairs upon it in exchange for a fee. The remaining issue is that the work he peformed may have been beyond the understanding of the people who contracted for the work. I'd bet that the mechanic was working to the understanding that the people wanted a running car when the work was completed, not just a car with a few more parts installed. So the big issue remaining was the question of whether or not he did what was agreed to do, and if he exceeded a verbal price point, did he do so with reasonable necessity to complete the agreed upon project to return the car to service. Again, my bet is that he did what he thought he was contracted to do or he wouldn't have purchased parts and installed them to accomplish a running car outcome. But that's for a judge to decide at this point.
The police aren't going to get into the middle of this because it doesn't appear that anything criminal has taken place. The car was put into the mechanic's possession by the owners who contracted for work, so it's not stolen.
The police aren't going to get into the middle of this because it doesn't appear that anything criminal has taken place. The car was put into the mechanic's possession by the owners who contracted for work, so it's not stolen.
No, the car is not stolen, remember she had the car towed there, and I bet the mechanic has that info to have his story backed up. Your daughter made a bad decision, now, she has to accept the consequences. over spilt milk,
If he is running a legal, licensed business he can hold a vehicle until payment is made, and even lien sale it if payment isn't made.
However, if he isn't licensed, and didn't follow the law and give a written estimate followed up by a verbal OK when the original estimate was exceeded, he is then on the wrong side of the law.
Unfortunately, even if he is wrong, the only recourse is to take it to court, which takes time and effort. It is a civil matter. Going to small claims court never has a happy outcome, even when you win.
Sometimes saving money by going the back yard route can be time consuming and expensive.
The best advice, for the future, is to find a good independent shop with a good reputation, and let them take care of your automotive needs.
A good mechanic is like a doctor, find one you can trust and stay with them forever. You don't run around trying to find the cheapest doctor when you have a problem, it's no different.
I know it isn't always easy to find the right shop, but ask friends for recommendations. Establish a relationship and stay with them.
Look at the cost in time, effort and mental health of this episode because you tried to save a few bucks. Had the car gone to a reputable tech, it would have been fixed correctly and would have been forgotten by now, instead you're getting ulcers when it wasn't necessary.
Saving money can be very expensive...!!!!
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?
What un-needed parts were replaced? How much did this add to the bill?
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over spilt milk, 
