harperhawk
Member
Hello,
I am facing the very possible fact that some sort of legal action may have to be taken against an auto repair shop.
The business is located in Kansas. I will try to be as clear as possible about the circumstances. Thank you for any help and please let me know what info I can further provide.
The current situation is that I feel the auto body shop has violated the contract. I have posted the contract verbatim near the end of the post. I believe that I have followed the contract correctly but have since been told that I owe more money than I have provided. My estimate is $2,500. I paid for and have proof of the contract approved $700 deposit. I will willing admit that I have made the mistake of making two other payment to this business that I do now regret. I was told that to "keep on" the vehicle that some some of the reaming balance would need to be paid. I also have proof of payment for a payment of $1,000 and $500 for a total of $2,200 paid on the $2,500 balance leaving $300 remaining.
As of today, the car is still not completed (5/18/12 - current ). This week I have been told that two additional parts will now be be required before it can be completed and that I am responsible for buying them on top of the remaining balance. The business has also claimed that "extra" work as had to be done and that my final bill woll now be $500 plus the two parts. Those are estimated to be over $300, thus suggesting that I owe over $800 on the final bill. That would be $300 over the contracted estimate.
I have now been told that I need to pay for these parts before the work can continue on the car. I refused to pay any more of the balance as I have paid well over the required $700 deposit. The business how now again delayed the completion time and has stated "hopefully they have the money to cover it this week"......
I have proof of all the payments and the contract in hand. I should also say that the contract that was typed out but does not display the name of the company anywhere on it. I have also found that the only name on the contract that is in type, that I presumed was the owner or employees, is not that persons real name. Further research through the state department of Kansas has provided no proof that this company is or has ever been registered in the state of Kansas. I am left with the assumption that they are operating under a different name or under the table.
With this information, I am left with the following questions.
If I can prove this is not a legitimate business, is the contract void?
If the contract is legal, would I just owe the remaining $300?
Upon completion of the project, if I pay the remaining $300 that I owe, would the business have any legal grounds to retain the car and or sue?
I must also note that I have read but not confirmed that in the state of Kansas a business can charge up to 10% over the estimate charge. If correct, I would owe $550. After payment, could any reason or action be taken that would allow the business to retain my car or file any type of suit.
Again, I do hope that my information is helpful and thank you anyone for suggestions.
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Customer Information Sheet
date :5/18/12
Customer: my name
phone: my name
automobile: my automobile
Work needed: Total Collision Repair & Paint w/clear coat as needed.
Cost for repairs: $2500 for labor & paint
Deposit: $700 Paint & labor
Balance $1800.
* I payed the $700 deposit on site.
Customer signature: My name
Name of Owner: His name
* The Name of owner does not state the business name nor does it have the same name in type as the signature.
At the bottom of the page in hand writing it is notated with a * Parts supplied by (my name)
I am facing the very possible fact that some sort of legal action may have to be taken against an auto repair shop.
The business is located in Kansas. I will try to be as clear as possible about the circumstances. Thank you for any help and please let me know what info I can further provide.
The current situation is that I feel the auto body shop has violated the contract. I have posted the contract verbatim near the end of the post. I believe that I have followed the contract correctly but have since been told that I owe more money than I have provided. My estimate is $2,500. I paid for and have proof of the contract approved $700 deposit. I will willing admit that I have made the mistake of making two other payment to this business that I do now regret. I was told that to "keep on" the vehicle that some some of the reaming balance would need to be paid. I also have proof of payment for a payment of $1,000 and $500 for a total of $2,200 paid on the $2,500 balance leaving $300 remaining.
As of today, the car is still not completed (5/18/12 - current ). This week I have been told that two additional parts will now be be required before it can be completed and that I am responsible for buying them on top of the remaining balance. The business has also claimed that "extra" work as had to be done and that my final bill woll now be $500 plus the two parts. Those are estimated to be over $300, thus suggesting that I owe over $800 on the final bill. That would be $300 over the contracted estimate.
I have now been told that I need to pay for these parts before the work can continue on the car. I refused to pay any more of the balance as I have paid well over the required $700 deposit. The business how now again delayed the completion time and has stated "hopefully they have the money to cover it this week"......
I have proof of all the payments and the contract in hand. I should also say that the contract that was typed out but does not display the name of the company anywhere on it. I have also found that the only name on the contract that is in type, that I presumed was the owner or employees, is not that persons real name. Further research through the state department of Kansas has provided no proof that this company is or has ever been registered in the state of Kansas. I am left with the assumption that they are operating under a different name or under the table.
With this information, I am left with the following questions.
If I can prove this is not a legitimate business, is the contract void?
If the contract is legal, would I just owe the remaining $300?
Upon completion of the project, if I pay the remaining $300 that I owe, would the business have any legal grounds to retain the car and or sue?
I must also note that I have read but not confirmed that in the state of Kansas a business can charge up to 10% over the estimate charge. If correct, I would owe $550. After payment, could any reason or action be taken that would allow the business to retain my car or file any type of suit.
Again, I do hope that my information is helpful and thank you anyone for suggestions.
-------------------------------------------------------------------------------------------------
Customer Information Sheet
date :5/18/12
Customer: my name
phone: my name
automobile: my automobile
Work needed: Total Collision Repair & Paint w/clear coat as needed.
Cost for repairs: $2500 for labor & paint
Deposit: $700 Paint & labor
Balance $1800.
* I payed the $700 deposit on site.
Customer signature: My name
Name of Owner: His name
* The Name of owner does not state the business name nor does it have the same name in type as the signature.
At the bottom of the page in hand writing it is notated with a * Parts supplied by (my name)
I have just found it odd that while an original estimate of 700 for parts was made, 2700 has so far been paid but a request for additional money for these parts are being made for completion. Thank you again for your time. If you have any other suggests feel free to say!