What is the name of your state? TEXAS
I'm actually helping out a friend of mine with his situation:
Last year (2004) around January he contracted to do some work on his vehicle with a guy who claimed to own a body shop that he runs out of his house. My friend, being gullible, paid him $1300 dollars and had a verbal agreement with the body shop person that he would perform the work requested in 3 months. 3 Months came around and he did not, several months passed by, and my friend still did not have his car. The guy kept giving excuses but said he didn't need anymore money, just more time.
My friend informed me of this around December 2004, I am not a lawyer, but being an MBA, I know a very small bit about contracts. I agreed to help him. I called the body shop person and applied some pressure and I got him to sign the following contract (which I feel covered all bases):
PARAGRAPH I
I, Rafael Leos, certify that I will complete an automobile paint and body job for Chris B. Rillo for a 1998 Nissan 200SX SE (V.I.N: 1N4AB42D9WC513931) on Tuesday January 25th, 2005 by 5pm in the afternoon.
PARAGRAPH II
This job started on November of 2003 upon which I received a payment of $900.00 for materials and labor from Mr. Rillo. I contracted to do this job for this amount; however, I also received $200.00 from Mr. Rillo as additional compensation for the job. Due to underestimations, I required a final payment for the completion of the job of $500.00, which I received on January 4th,, 2005. By receiving the aforementioned final payment, I am acquiescing to completing the job with no additional payment(s) required.
PARAGRAPH III
The job includes complete repainting of the exterior to midnight blue and at least 2 coats of clearcoat gloss as well as a body conversion of the taillights from the original factory stock to Lexus IS 300 taillights that were provided to me upon contracting to do the job. In addition, I will restore the vehicle to its original working condition including the installation of the racing seats with which Mr. Rillo has agreed to help me install, any rewiring necessary, and cleaning of the interior of the vehicle. Any flaws in workmanship of the job or condition of the vehicle will result in my paying appropriate restitution damages to Mr. Rillo as estimated by a third party expert depending on the damage or flaw in the vehicle.
PARAGRAPH IV
In addition, I will have the vehicle in question ready and drivable three weeks from today (Tuesday January 25, 2005) by 5pm in the afternoon. If I fail to have the vehicle ready by this date, I will pay for another body shop contractor or expert, the choice of Mr. Rillo, to restore the vehicle to its condition and perform the work described in paragraph III.
PARAGRAPH V
Satisfactory completion of the job as would be deemed by a reasonable person, exonerates me from any further obligations with or to Mr. Chris Byron Rillo, as well as eliminates any mutual commitments by either party, and represents satisfactory execution of this contract.
Well, Jan 25th came and went by and the we paid a visit to the guy who pretty much said that he would not be able to complete the job for my friend and that that was the end of that. The vehicle was not driveable, so we had to have it towed.
An estimate of what it will cost to restore it to the original condition has been quoted at $2000 by a reputable body shop.
Before we take it to small claims, is there any other recourse we may have available? I'm aware that this guy is not a person of his word and even if we sue him for the amount of what we paid him and what it costs to restore the vehicle, chances are he will not pay. Being that we can only sue him in a civil capacity, what will happen? Will we at least be able to hit his credit for the amount?
I know my friend is a bit gullible for having believed this guy, but the truth of the matter is that he never did anything wrong, and I feel he may get shorted in the end for being ignorant and that guy will get away with lack of delivery of service and basically stealing his money.
Do you have any advice??
I'm actually helping out a friend of mine with his situation:
Last year (2004) around January he contracted to do some work on his vehicle with a guy who claimed to own a body shop that he runs out of his house. My friend, being gullible, paid him $1300 dollars and had a verbal agreement with the body shop person that he would perform the work requested in 3 months. 3 Months came around and he did not, several months passed by, and my friend still did not have his car. The guy kept giving excuses but said he didn't need anymore money, just more time.
My friend informed me of this around December 2004, I am not a lawyer, but being an MBA, I know a very small bit about contracts. I agreed to help him. I called the body shop person and applied some pressure and I got him to sign the following contract (which I feel covered all bases):
PARAGRAPH I
I, Rafael Leos, certify that I will complete an automobile paint and body job for Chris B. Rillo for a 1998 Nissan 200SX SE (V.I.N: 1N4AB42D9WC513931) on Tuesday January 25th, 2005 by 5pm in the afternoon.
PARAGRAPH II
This job started on November of 2003 upon which I received a payment of $900.00 for materials and labor from Mr. Rillo. I contracted to do this job for this amount; however, I also received $200.00 from Mr. Rillo as additional compensation for the job. Due to underestimations, I required a final payment for the completion of the job of $500.00, which I received on January 4th,, 2005. By receiving the aforementioned final payment, I am acquiescing to completing the job with no additional payment(s) required.
PARAGRAPH III
The job includes complete repainting of the exterior to midnight blue and at least 2 coats of clearcoat gloss as well as a body conversion of the taillights from the original factory stock to Lexus IS 300 taillights that were provided to me upon contracting to do the job. In addition, I will restore the vehicle to its original working condition including the installation of the racing seats with which Mr. Rillo has agreed to help me install, any rewiring necessary, and cleaning of the interior of the vehicle. Any flaws in workmanship of the job or condition of the vehicle will result in my paying appropriate restitution damages to Mr. Rillo as estimated by a third party expert depending on the damage or flaw in the vehicle.
PARAGRAPH IV
In addition, I will have the vehicle in question ready and drivable three weeks from today (Tuesday January 25, 2005) by 5pm in the afternoon. If I fail to have the vehicle ready by this date, I will pay for another body shop contractor or expert, the choice of Mr. Rillo, to restore the vehicle to its condition and perform the work described in paragraph III.
PARAGRAPH V
Satisfactory completion of the job as would be deemed by a reasonable person, exonerates me from any further obligations with or to Mr. Chris Byron Rillo, as well as eliminates any mutual commitments by either party, and represents satisfactory execution of this contract.
Well, Jan 25th came and went by and the we paid a visit to the guy who pretty much said that he would not be able to complete the job for my friend and that that was the end of that. The vehicle was not driveable, so we had to have it towed.
An estimate of what it will cost to restore it to the original condition has been quoted at $2000 by a reputable body shop.
Before we take it to small claims, is there any other recourse we may have available? I'm aware that this guy is not a person of his word and even if we sue him for the amount of what we paid him and what it costs to restore the vehicle, chances are he will not pay. Being that we can only sue him in a civil capacity, what will happen? Will we at least be able to hit his credit for the amount?
I know my friend is a bit gullible for having believed this guy, but the truth of the matter is that he never did anything wrong, and I feel he may get shorted in the end for being ignorant and that guy will get away with lack of delivery of service and basically stealing his money.
Do you have any advice??