QUESTION
What are my rights? How will I get this resolved with out having him sell my car?
Asked on Sep 09th, 2013 on Business Law - California
More details to this question:
I sent my car to the mechanic about five months ago. Before he started checking the car out to find what the problem was, he did not give me anything or consent form to sign, which I know was the normal procedure -- an authorization. He then asked me to go and buy the parts myself so that he could fix it. Though it took me some time to get the parts, but when I got the parts I gave them to him, but still nothing was given to me to sign before beginning work. Now he finished the car and I don't have the complete amount to pay him his charges. Now he sent me a notice that he was going to auction my car. And the bill he sent me is way higher than the original amount he charged me. He said he has added storage fees. And all along I have been telling him to have patience with me until I get the complete amount to pay him his original charges. But since I did not sign anything before he even touched my car, does he still have the right to charge me and to auction my car?
1 ANSWER
Accidents Attorney serving Novato, CA
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Law Office of Codi M. Dada Attorney at Law
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This case will cost you more to fight than your mechanics bill. Because you voluntarily brought your car to the mechanic and voluntarily bought the parts and brought them to him consent can be found through implication. The fact that you did not sign anything only means that he can not take advantage of you. If his prices are within the range that other mechanics would charge you you can not get out of paying because you did not sign anything. The storage fee should have been disclosed and you might be able to negotiate if the proper legal arguments are made.
Answered on Sep 10th, 2013 at 9:41 PM