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LamarS1231

Junior Member
What is the name of your state? CA
I got a quote from a person who said he could install the body kit on my car for $100.00 and that he has experience putting several body kits on cars. I paid this guy $120.00 to put a body kit on my car and he said it would take a day to install it. I let him have the car for three days to install the body kit and he didn't finish the job. I saw him on more than one occasion drinking with his friends in his drive way instead of working on my car like he said he was. On the third day I told him I needed my car to go to school and we would have to schedule another date to finish the installation. On the date we scheduled he was not there to recieve the car. The next day one of the side skirts fell off because he did not bolt it to the frame. I scheduled with him to fix the part that fell off and to finish the job. He said he under estimated the cost of the job and would need more money I paid him $70.00 more dollars if he would finish the job that weekend. He not only didn't finish the job but the part he put on was still not bolted on and it was hanging about an inch too low. After being frustrated with his incompetency and lack of desire to finish the job I told him I wanted my $70.00 back and he refused. I refused to let him finishe the job because he was only making things worse. I then showed him parts of the car that were horribly done and the fact that others were not done at all. Several parts on the body kit began to crack and the side skirt fell off again until I went and took it upon myself to finish the job. Unfortunately, several parts were put on without sanding underneath. This caused several cracks that cause most of what he had done to have to be undone and done right. What recourses can I take?
 
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JETX

Senior Member
LamarS1231 said:
What recourses can I take?
What are your ACTUAL damages??
What would the value of his work be if you had it done elsewhere?? The problem I see is that the quoted price was unreasonably low.... and as such, you should have been cautious of his promises.
Simply, if he provided services equal to the value you received.... you have little to base a complaint on.
 

masgaster

Junior Member
JETX said:
What are your ACTUAL damages??
What would the value of his work be if you had it done elsewhere?? The problem I see is that the quoted price was unreasonably low.... and as such, you should have been cautious of his promises.
Simply, if he provided services equal to the value you received.... you have little to base a complaint on.
I disagree, if the repair guy represented himself to be proficient at doing the work, it doesn't matter that the price was unreasonable as long as YOU believed that you were going to get proficient work for that price. People are allowed to make bad bargains as long as the other party 1) believes that they are serious and 2) believes they are capable of performing. A court would decide what you actually believed through evidence. If you truly thought the guy could do the work for that price, then you have a valid contract. Now, on to damages...

You have already paid what you had originally agreed on--you have fully performed. As to the extra money to finish the job, a contract can be modified when unforseen circumstances arise as long as there is consent from both parties. Because you allowed him to continue working for an increased price, this was probably a modification and you probably won't be able to get that back. However, you can take your car to another place, get an estimate on how much it would cost them to fix it exactly the same you wanted the first guy to fix it, and the amount you would have to pay to remedy the situation can be recovered from the first guy. These are expectation damages and are designed to put the non-breaching party (you) in the same position you would have been in had the contract been performed fully by the other party (the contract after modification, that is).

So with these facts, your reward would be the estimated cost to fix your car to the condition you bargained for. Just make sure you get the estimate in writing, along with anything you have written down for the contract with the first guy.

Moral of the story--if someone says they won't perform their side of the contract without more $$$, find someone else to do it and get'm for breach. Unless of course you feel bad for the guy and agree to modify the contract--but if he was sitting around drinking beer all day, I wouldn't feel too bad for him. Good luck. ;)
 

JETX

Senior Member
masgaster said:
I disagree
Who cares??

if the repair guy represented himself to be proficient at doing the work, it doesn't matter that the price was unreasonable
Who said he claimed to be proficient??

as long as YOU believed that you were going to get proficient work for that price.
Not true. Simply, if the 'buyer' knew that the deal was way too cheap.... he has an obligation (due diligence) to confirm that the party would be able to meet the contract terms.
 

masgaster

Junior Member
JETX said:
Who cares??
LamarS1231 cares--that's presumably why he posted the question ;)


JETX said:
Who said he claimed to be proficient??
LamarS1231 did. Here, I'll quote:
LamarS1231 said:
a person who said he could install the body kit on my car for $100.00 and that he has experience putting several body kits on cars

JETX said:
Not true. Simply, if the 'buyer' knew that the deal was way too cheap.... he has an obligation (due diligence) to confirm that the party would be able to meet the contract terms.
Yes, and if he did not think it was too cheap then he had a valid contract. I have already gone over this--do you have a point? :confused:
 

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