legal advice?

[ducky369]

So.... Shop is done repainting my car... Gave them extra to wrap the car. In the middle of the wrap, the guy who does the wrap have some family emergency and went back to China. Nobody know when he's gonna be back. Apparently there's one guy that does the wrap and all others are helpers, they disassemble and helps him wrap. Only one professional in the shop. If I wait I don't know how long it's gonna take for the guy to come back. So I can either wait? Or can I ask them for the materials and some money back and take it to another shop? Or ask a friend to come help me out? Ask them to hire another guy to finish the job? I don't know. Kinda bummed about it since i would've got my car back by now.

Any advice?

[SkAsphalt]

Not exactly legal advice. You paid for a service, they cannot complete the service. Ask for a refund. Go elsewhere

[PhantomX]

^^^ Pretty cut and dry.

[ducky369]

I'm pretty sad about it, I was hoping to have my valentine back before Valentine's Day. The shop said most of my money went in the materials. Can't get me a refund.

[Tcoat]

Tell them you will pay cost for the materials and they give it all too you. Do not pay for any labour including what has already be done (they didn't finish the job). Take the materials and get it finished elsewhere.

[ducky369]

Originally Posted by Tcoat

Tell them you will pay cost for the materials and they give it all too you. Do not pay for any labour including what has already be done (they didn't finish the job). Take the materials and get it finished elsewhere.

I assume at most I will get like few hundred to less than 900 back where can I get a place do it for few hundred bucks

[fito68]

Originally Posted by ducky369

I assume at most I will get like few hundred to less than 900 back where can I get a place do it for few hundred bucks

Noooo You tell them to give you all your money back and to keep the materials. If they guilt you or say anything other than here is ALL your money back or discount time for having to wait you go to the PS and make a report ASAP.

[PStaff716]

legally the company will most likely be liable to deliver you the product/good/service that you paid for. You entered into the agreement under the assumption that the work would be done to a certain level of quality and in a certain amount of time (presumably the amount of time as deemed reasonable per past practices, aka how long does it usually take these guys to complete the job).

you can ask for a full refund, if that is what you choose, and inform the company that if they so choose, they can pay to litigate this (lawyers charge out the ass, so unless they want to represent themselves, they are not going to pay thousands to save less than that). I don't live in your state so I am not sure as to what the jurisprudence or statutes say pertaining this. For that, you would have to hire an attorney. However, based on what I read, you would probably mop the floor in small claims court and walk away victorious. They breached the contractual agreement by failing to deliver the product as promised in the time that was agreed upon. Contracts can exist without a written agreement, fyi.

I do have to disclose that this is not binding legal advice, rather this is a general opinion as to a potential outcome to your claim based on the disclosed facts. Hiring an attorney is always advised when dealing with legal issues. However, it is not always financially beneficial or realistic in some cases.

[myusernameisrob]

As a business they should've apologized and gave you your money back as soon as it happened or at least outsource/refer you to another shop.

Having only one "professional" employee means the other guys were working there under the table and the Chinese guy probably bounced after getting paid.

Get the police involved if they keep denying you your refund.

[swarb]

1. what does it say on the reciept?
a. paint/vinyl/labor all in one= $$$
b. paint/vinyl/labor listed separately?
If it is all in one, you are kinda fucked. At their mercy really as it was a package deal. You need to negotiate a fair refund.
If it is listed separately you can just subtract it from the list. Not your problem they can't install it and you need your car.

[Atticus808]

Originally Posted by ducky369

I'm pretty sad about it, I was hoping to have my valentine back before Valentine's Day. The shop said most of my money went in the materials. Can't get me a refund.

do you plan on doing sexual activities to your car on February 14, 2015?

[Tcoat]

Originally Posted by ducky369

I assume at most I will get like few hundred to less than 900 back where can I get a place do it for few hundred bucks

Well you wanted the materials as one of your options and that would be a way to get them cheaper then retail. You would just have to pay labour someplace else so it shouldn't be too much.

[NorCal_Guy]

Originally Posted by Atticus808

do you plan on doing sexual activities to your car on February 14, 2015?

[aznatama]

Originally Posted by ducky369

I'm pretty sad about it, I was hoping to have my valentine back before Valentine's Day. The shop said most of my money went in the materials. Can't get me a refund.

This situation appears to be a standard breach of contract by the service provider. You can get your car back and not pay him anything since the shop is likely the one that harbors the risk of one of their employees getting sick/quitting/disappearing...

You contracted for a service and they breached by not providing you with that service through no fault of your own. You are not required to give them anything, and they cannot refuse a refund because they have not performed.

HOWEVER, take a look at your contract, did you pay for a service? or did you pay for materials and a service? If it's the latter, then you can take the materials not used, and go somewhere else, but you need to pay them for the part of the service they did perform, minus any wasted materials cost.

Easiest outcome: pay for the work that's actually been completed. Else, pay for the materials at what your invoice states materials costs are, OR if your invoice simply states a single line item for the wrap (no separate sale of materials to you), then you can offer to pay them THEIR COST for the unused materials as well as labor already performed, and then go elsewhere.

They can't prevent you from getting a partial refund and going elsewhere.


Disclaimer: not to be taken as legal advice.