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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114028
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've written an auto service repair contract to be signed

Customer Question

I've written an auto service repair contract to be signed upon pick up of my vehicle as per an oral agreement between parties. Just wanted someone to review it with me over the phone and/or take a look at the agreement.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
The auto shop changed the terms of the original performance contract and claimed that more money was owed for parts that were not foreseeable at the time the contract was made. They want to offer an verbal extended warranty on the engine for two years/24,000 miles everything covered at no additional charge to alleviate the change of contractual terms and additional cost. I have written the contract and want to know if I am covering all of my tracks.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Correction: The extended warranty is verbal on the auto shop's part - I am putting the warranty in writing - but unsure if they will sign it - what happens if they refuse to sign? Can I insist on paying the original amount agreed upon and demand my car be returned to me? I will add the contract that I have written for your review. Please let me know if you need additional information.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they will not agree to sign the warranty and put it in writing with you, then verbal contracts of this nature are not binding under the statute of frauds and as such you could not hold them to it later.

As far as the price of repairs, when someone brings in a car for repairs, they get an estimate, but if costs of repair increase because of parts being more money or additional parts are needed once the repairs are started, then under the equitable legal theory of quantum meruit, you would have to pay for the actual work done on the car. So even if they will not sign the written warranty you wrote, they can insist on full payment for the work they performed and if you do not agree or you cannot negotiate with them for a better price, they can hold your car on a mechanic's lien if you refuse to pay them what they request.

We would be glad to review what you wrote though if you would like.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.

I have sent you an offer for a phone conversation. Please accept it and let me know if you want to chat.

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