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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5766
Experience:  20 years of proefessional experience
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I have a car being worked on, the mechanic is avoiding me.

Customer Question

i have a car being worked on, the mechanic is avoiding me. i paid him in advanced for the part and to have it installed, this has been over a month ago. He knew I needed it back asap. what can I do to get either money and car back or at least the car back
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Did you pay by credit card?
Do you know if he has started any work on it?
Did he ever promise a time when he would have it done?
Customer: replied 1 year ago.
paid with cash
i have no idea if he started working on it or not
yes, after i tol him i needed it back asap
Expert:  Maverick replied 1 year ago.
If I were you I would go there and see if he has not started work on the car, then I would have the car towed to another mechanic and ask for a full refund.
If that is not an option, then you can send or deliver what is known as an anticipatory repudiation letter. In that letter you would do these things:
1. let him know that he appears to have repudiated the contract to repair by taking your money and not having completed the work within a reasonable time thereafter;
2. that if he does not sign something in writing indicating that he intends to repair the vehicle by XYZ mutually agreed upon date, then you will consider the totality of his actions to constitute a breach and pursue whatever legal remedies are then available to you.
So, as they say, "either sit on the pot or get up"....
http://legal-dictionary.thefreedictionary.com/Anticipatory+Repudiation
You can read more about this at the link above. So you need that letter and proof of delivering that letter and refusal to comply ...If you go to hand deliver, then take a witness. If you mail it then send it certified mail.
I would take it by hand delivery and ask him to sign off on a date when he will have the car ready by.
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Customer: replied 1 year ago.
I did just get over there today and now he says I need to go with a different transmission. To me it looks as if he hasn't done anything to it
Expert:  Maverick replied 1 year ago.
Since he has already been disrespectful to you with the time delay and lack of notice on the same, I would take that as a hint to go elsewhere even if it cost another $90 bucks or so to tow. A lack of integrity in one area is usually a good indication of a lack of integrity in others. I am assuming he wants more money now. Just be direct with the mechanic and let him know that since he has caused a substantial delay in time and now changed the price on you, you want to get a second opinion and want a 100% refund of your deposit.