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Shop did unauthorized work on motorcycle

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Dylan1303

Junior Member
Long story short invoice didnt have a quote but had the 4 items i needed done to bike. Invoice shows i put 350$ down. Shop did 6 things to my bike and wants a extra 240$. We had a verbal agreement of not going over 400$. I did not autohroize the other 2 items to be done to my bike. What are my rights can i demand my bike back and tell him to take me to small claims or can i report it stolen if he wont give it back? What are my options?
 

Zigner

Senior Member, Non-Attorney
Long story short invoice didnt have a quote but had the 4 items i needed done to bike. Invoice shows i put 350$ down. Shop did 6 things to my bike and wants a extra 240$. We had a verbal agreement of not going over 400$. I did not autohroize the other 2 items to be done to my bike. What are my rights can i demand my bike back and tell him to take me to small claims or can i report it stolen if he wont give it back? What are my options?
This is not a criminal matter, so the police won't help except, perhaps (if you're luckyZ), to ask the guy to give the bike back. You may need to pay for it and then sue to have the excess money returned. However, I'd bet that the mechanic has a much different take on any verbal agreements you may have had...
 

Dylan1303

Junior Member
Yeah he does, clamied he called me more than once telling me it will cost more but i have my call logs with only 1 call to tell me its ready for pickup
 

Userunknown2015

Junior Member
I would pay the amount you agree (not any amount unauthorized) and take your bike. If the shop refuses to give you your property call the cops.

The shop cannot withhold your property agaisnt your will. Let the shop take you to small claims for the difference and let the judge decide
 

not2cleverRed

Obvious Observer
I would pay the amount you agree (not any amount unauthorized) and take your bike. If the shop refuses to give you your property call the cops.

The shop cannot withhold your property agaisnt your will. Let the shop take you to small claims for the difference and let the judge decide
This is craptastic advice.

This is not something to call 911 over. The mechanic has not committed a crime; the mechanic has not stolen the bike.

This is a civil matter, and OP would be best advised to treat it as such.
 

Dylan1303

Junior Member
So my options are pay and take him to small claims, go in there and demand my bike and if he doesnt give it to me call 911? Or report the bike stolen and the police will recover? But i dont wanna pay any huge fees to get the stolen bike back like towing. What else can i do? Call BBB? Hunt down a cop and ask him. Im sure it has a mechaics lein on it. But wa law says lein is invaild if unauthorized work was done? So ya im going there monday.
 

tranquility

Senior Member
So my options are pay and take him to small claims, go in there and demand my bike and if he doesnt give it to me call 911? Or report the bike stolen and the police will recover? But i dont wanna pay any huge fees to get the stolen bike back like towing. What else can i do? Call BBB? Hunt down a cop and ask him. Im sure it has a mechaics lein on it. But wa law says lein is invaild if unauthorized work was done? So ya im going there monday.
http://app.leg.wa.gov/rcw/default.aspx?cite=46.71&full=true
46.71.015
Estimates—Invoices—Recordkeeping requirements.

(1) Except as otherwise provided in RCW 46.71.025, all estimates that exceed one hundred dollars shall be in writing and include the following information: The date; the name, address, and telephone number of the repair facility; the name, address, and telephone number, if available, of the customer or the customer's designee; if the vehicle is delivered for repair, the year, make, and model of the vehicle, the vehicle license plate number or last eight digits of the vehicle identification number, and the odometer reading of the vehicle; a description of the problem reported by the customer or the specific repairs requested by the customer; and a choice of alternatives described in RCW 46.71.025.
46.71.025
Written estimate required—Alternatives—Authorization to exceed—Exceptions.

(1) Except as provided in subsections (3) and (4) of this section, a repair facility prior to providing parts or labor shall provide the customer or the customer's designee with a written price estimate of the total cost of the repair, including parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, or offer the following alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED. YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR FACILITY TO OBTAIN YOUR ORAL OR WRITTEN AUTHORIZATION TO EXCEED THE WRITTEN PRICE ESTIMATE. YOUR SIGNATURE OR INITIALS WILL INDICATE YOUR SELECTION.
1. I request an estimate in writing before you begin repairs. Contact me if the price will exceed this estimate by more than ten percent.
2. Proceed with repairs but contact me if the price will exceed $. . . . . .
3. I do not want a written estimate.
. . . . . . . . . . . . . (Initial or signature)
Date: . . . . . . . . Time: . . . . . . . ."
(2) The repair facility may not charge the customer more than one hundred ten percent, exclusive of retail sales tax, of the total shown on the written price estimate. Neither of these limitations apply if, before providing additional parts or labor the repair facility obtains either the oral or written authorization of the customer, or the customer's designee, to exceed the written price estimate. The repair facility or its representative shall note on the estimate the date and time of obtaining an oral authorization, the additional parts and labor required, the estimated cost of the additional parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, the name or identification number of the employee who obtains the authorization, and the name and telephone number of the person authorizing the additional costs.
46.71.035
Failure to comply with estimate requirements.

An automotive repair facility that fails to comply with the estimate requirements of RCW 46.71.025 is barred from recovering in an action to recover for automotive repairs any amount in excess of one hundred ten percent of the amount authorized by the customer, or the customer's designee, unless the repair facility proves by a preponderance of the evidence that its conduct was reasonable, necessary, and justified under the circumstances. In an action to recover for automotive repairs the prevailing party may, at the discretion of the court, recover the costs of the action and reasonable attorneys' fees.
46.71.041
Liens barred for failure to comply.

A repair facility that fails to comply with RCW 46.71.021, 46.71.025, or 46.71.031 is barred from asserting a possessory or chattel lien for the amount of the unauthorized parts or labor upon the motor vehicle or component.
 

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