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Don't like car paint job. Must I pay?

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kdsone

Junior Member
What is the name of your state (only U.S. law)? Florida

I made an agreement with someone to paint a car of mine for $3,200. I paid them half and wrote on the check "half of payment". We never signed a contract and it's not a business, just a person. For a job that should have taken about two weeks, we are not on the three month point. At the begging, he asked if I could help remove the bumper, light covers, tail lights and a few other things. I don't know why, but I agreed and did. After calling and emailing many times and asking when the job will be done, he said it is, but he ended up masking many areas of the car for it to be painted instead of removing the parts to get the best possible paint job as we verbally agreed. Also, he wants me to come back and put the parts back on which I took off three months ago. I don't think the job he preformed constitutes $3,200. I actually don't want to pay him anymore now. My questions is, do I legally need to pay him first then try to get my money back via small claims, or can I just withhold anymore payments as I think we are even? Remember, no written contract, just one check that has "half of payment" written on it, but I don't think he noticed and/or remembers that since it was 3 months ago. (State: Florida)
Thanks for any advice
 


kdsone

Junior Member
no, but after already waiting 3 months to get this far, I don't want to waste any more time with him.
 

Ohiogal

Queen Bee
no, but after already waiting 3 months to get this far, I don't want to waste any more time with him.
You are despicable quite frankly. You had a contract with this man for a certain amount of money. That much is proveable. You don't get to stiff him to get a paint job done on the cheap. So you going to have the car repainted when you get it back? Do you have an appointment to get that done? Are you going to follow through on it? What is the bill for that happening? Oh yeah, you don't have one.
 

xylene

Senior Member
You are despicable quite frankly. You had a contract with this man for a certain amount of money. That much is proveable. You don't get to stiff him to get a paint job done on the cheap. So you going to have the car repainted when you get it back? Do you have an appointment to get that done? Are you going to follow through on it? What is the bill for that happening? Oh yeah, you don't have one.
I'm sorry is there something I missed?

How is seeking redress for shoddy work that took 6 times the estimate despicable?
 

OHRoadwarrior

Senior Member
You must be having an off day OG.

The problem you have here OP is two fold. The police will likely not want to get involved in this issue, deeming it a civil matter. Though the painter does not have standing to put a lien on your car, possession is a problem. Personally, I would get my buddy Bubba, to help me put the stuff back on the car. Pull it out into the sunlight, to inspect the workmanship and split with it. Advise him you will see him in court if he wants another penny. Having a witness parked on the street to video any potential assault or other theft claims would be wise in this situation.
 

kdsone

Junior Member
(for some reason, I can't reply with quote)

Ohiogal - we did have an agreement which he breached first via not doing the job a discussed. Also, I'm not stiffing him because I did get other quotes before getting his that are far cheaper. I went with him because of the extra detail he agreed to which he failed to do. Not to mention taking a 3x's more than reasonable time. Frankly, I think you are quick to open you mouth when you mind is ignorant on the subject.:p

OHroadwarrior - That is exactly what I was thinking and planning to do. After I get my car back together, going to slap on my GoPro so I can keep my hands free just encase, lol. Thanks for the support.
 

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