legal advice?

[ducky369]

Originally Posted by 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.

Insurance paid for the paint job, I paid extra for the wrap. No receipt. The shop also lend me a car to drive.

[ducky369]

Originally Posted by Atticus808

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

I plan on having sexual activity inside my car on February 14. Nono just kidding. I wanted to take my girl out in a nicer looking car on that day rather than a civic or Corolla.

[ducky369]

Originally Posted by aznatama

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.

The insurance paid for the paint job and I threw in some money for the wrap to be done afterwards. Verbal agreement counts as a contract too right? The boss agreed that I pay a certain amount after the paint is done and I'll get it fully wrapped. And they said it would be done within 5 days after the paint job is done. And it's passed 5 days as of now.

They said material cost around 1k and the labor will be another thousand

[aznatama]

so you elected to get a wrap instead of a paint job?

Yes, oral agreements are contracts.

Are they asking you to wait indefinitely? they should hire someone else to work on it. Else, demand a refund on labor, take your materials, and go elsewhere.

Another option is to just get your insurance involved, and get your car painted as originally agreed.

[swarb]

Did you pay cash? I would just ask for that thousand since they said it was that much. If you paid with a card, I would just dispute the charges with the credit card company.

Verbal agreement counts as a contract, but its pretty useless unless in reality.
No invoice? unless you paid with card, you are pretty much assed out. You need to talk to the owner convincingly and hope he doesn't play hard ball(which seems the case at this point.)

Two choices really.
1. wait for the guy to come back.
2. get back whatever money you can get.
3. Find another solution^ like the post above mine, have another guy finish the job.
You made the mistake to give money to a business without an invoice, so pretty much, "it never happened" and "where is the proof?", hell they can even hold your car hostage and ask for another 2k for the wrap job because "you haven't paid"

[swarb]

The business owner is probably a scammer/unethical person to begin with. You don't wrap a car immediately after paint. The paint/clear coat needs time to cure. Otherwise once you remove the wrap it may take a layer of clear coat/paint with it. I wonder if it was even painted with two stage paint to begin with.

[ducky369]

Originally Posted by aznatama

so you elected to get a wrap instead of a paint job?

Yes, oral agreements are contracts.

Are they asking you to wait indefinitely? they should hire someone else to work on it. Else, demand a refund on labor, take your materials, and go elsewhere.

Another option is to just get your insurance involved, and get your car painted as originally agreed.

I painted my car and wrap my car! For paint protection

[ducky369]

Originally Posted by swarb

The business owner is probably a scammer/unethical person to begin with. You don't wrap a car immediately after paint. The paint/clear coat needs time to cure. Otherwise once you remove the wrap it may take a layer of clear coat/paint with it. I wonder if it was even painted with two stage paint to begin with.

How long does it take to cure before you can wrap? They got a heating booth for paint. It was worked on since the 20th of jan. And they said it could be wrapped on like Monday like few days ago. The owner is actually a pretty cool guy, I keep in touch with the workers from time to time when it's being worked on. They are known around the area and usually work with Benz bmw Maserati lambo, usually do jobs for those super rich guys from China(it gets crazy, how rich they are) I'm not worrying about their reputation, work, quality. I got a rock chip and scratch from rocks and they fixed it for free. Their work are top notch but it's just that their professional wrapper is away and they refuse to use anyone else in the shop for top quality work. I've asked if anyone else can do it. If they can deliver the car to me before my deadline which is February 13, Im fine with that. I would hate to pull the "give me my money back" card with them, but it's my last option. I'm asking for advice if there's anything I can do as a last resort to get my money back. It was a check for 2k and they deposited it.

I would either
A. Get some money back and the materials, which I think no shop wants to do.
B. Wait for professional to come back.

[finch1750]

I would suggest speaking to an attorney. In CA each county has a Bar Association which usually does consults for around $35 for 30 minutes with an attorney familiar with you type of law. Verbal contracts are usually worthless, but the fact that your car is partially done is some proof an agreement was made somewhere. Sometimes just a letter from an attorney on letterhead is enough to get a quick resolution.

But on a different note why pay for a job before it is done? Even if it was a side thing I don't think I would ever prepay for car work. It can only lead to issues like this at best or having no recourse at worse when stuff hits the fan.

[ducky369]

Originally Posted by finch1750

I would suggest speaking to an attorney. In CA each county has a Bar Association which usually does consults for around $35 for 30 minutes with an attorney familiar with you type of law. Verbal contracts are usually worthless, but the fact that your car is partially done is some proof an agreement was made somewhere. Sometimes just a letter from an attorney on letterhead is enough to get a quick resolution.

But on a different note why pay for a job before it is done? Even if it was a side thing I don't think I would ever prepay for car work. It can only lead to issues like this at best or having no recourse at worse when stuff hits the fan.

Well I always thought to get it paid, so I don't owe anything. Get it over with, probably even cheaper since I already paid. If you're working over hours for labor my gain your loss thing. But I guess it's lesson learned

[swarb]

Sound's like you are defending the shop. If they work on Lambos etc as you say, 2k really ain't shit, so your car is LAST priority. It won't get done, you have a week. That guy probably went to China for Chinese new year and wont be back for a month. If it really is a "family emergency" you are better waiting because it sounds like they are Chinese and you need to "show face"/respect as a top notch shop usually have a "do it right or don't do it at all policy."

Dry and cure are two different things. Some say weeks, some say months.

Did you write in the little memo box what the services were for? and who was the check written to? the shop or personal? You really don't have much ammo. Just wait or spend more money and have it finished somewhere else.

[ducky369]

Originally Posted by swarb

Sound's like you are defending the shop. If they work on Lambos etc as you say, 2k really ain't shit, so your car is LAST priority. It won't get done, you have a week. That guy probably went to China for Chinese new year and wont be back for a month. If it really is a "family emergency" you are better waiting because it sounds like they are Chinese and you need to "show face"/respect as a top notch shop usually have a "do it right or don't do it at all policy."



Dry and cure are two different things. Some say weeks, some say months.



Did you write in the little memo box what the services were for? and who was the check written to? the shop or personal? You really don't have much ammo. Just wait or spend more money and have it finished somewhere else.

It was written to the shop. And yeah, they are the "show face" type of people, if you say there's a problem with their work, they'll redo the whole thing. Apparently they label their work as lifetime warranty. It's weird but every time someone's visit around lunch time, the owner would invite all customers to just hang out have lunch together. I've been there once and there was about 20 people including customer and worker and the owner paid for the two big tables. It shows how much of a "face guy" Chinese people are.

[swarb]

have fun waiting and enjoy your half wrapped car! LOL

[ducky369]

Originally Posted by swarb

have fun waiting and enjoy your half wrapped car! LOL

I'm gonna go inperson tomorrow to see what I can workout with. Lol will update