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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27619
Experience:  Lawyer
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I TOOK MY CAR INTO AN AUTO CUSTOMS SHOP TO GET TINTED, VINYL

Customer Question

I TOOK MY CAR INTO AN AUTO CUSTOMS SHOP TO GET TINTED, VINYL KIT PUT ON ETC, THE OWNER HAD MENTIONED THAT HE ALSO DOES RIM PAINTING. SO HE CALLED ONE OF HIS GUYS AT ANOTHER SHOP TO SEE IF THEY HAD MY PAINT COLOR IN STOCK, BUT THEY DIDNT SO HE ORDERED IT. THIS WAS ON 10/27/2016 I WAS TOLD TO PUT DOWN A 50% DEPOSIT WHICH I GAVE 600 CASH AND PAID 300 FOR THE CARS EARLIER LABOR FEES.OK SO A WEEK GOES BY I HEAR NOTHING FROM THEM, I GO UP TO SHOP ON 11/8/2016 AND TELL THEM TO FORGET IT TTHERE TAKING TO LONG. I OFFERED TO PAY FOR THE PAINT IF IT WAS SPECIAL ORDERED FOR MY COLOR. BUT THE OWNER SAID HIS GUY FORGOTABOUT ME ALL TOGETHER..SO I ASK FOR MY DEPOSIT BACK WHICH IS ON MY RECIEPT, AND HE SAID NO RERTURNS JUST STORE CREDIT, BUT THE RECIEPT DOESNT SAY ANYTHING LIKE THAYT... HOW CAN I GET MY 600 DEPOSIT BACK
Submitted: 24 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 24 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What does your receipt say about refunding deposits?

Customer: replied 24 days ago.
THE RECIEPT ONLY SAYS I MUST GIVE A 50% DEPOSIT TOWARDS SPECIAL ORDERS/ AND THE ONLY PART THAT TALKS ABOUT REFUNDS IS, NO REFUNDS ON RETURNED PARTS....
Expert:  Lucy, Esq. replied 24 days ago.

Thank you.

The default position in the law is that an agreement to purchase a service or a product is final when it's completed, and cannot be canceled unless the agreement says otherwise. However, a deposit is by definition refundable. By calling it a deposit rather than a down payment or a fee, they're giving you an implied right to a refund. You can also argue that the language prohibiting refunds on returned parts only suggests that they WILL give refunds on other parts. The language is ambiguous, which legally means that it's interpreted against the person who wrote it - the body shop.

It's not guaranteed that a judge would rule in your favor without language that specifically allows cancellations/refunds. A week isn't a long enough delay that you can say they breached the contract. But it is possible that if you sued in Small Claims Court, you would get a refund rather than store credit.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 23 days ago.

Did you have any other questions about this?

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