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Auto restoration gone wrong

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Joz

Registered User
What is the name of your state? CA. I've been restoring cars for many years, mainly my own cars, then sell some of them. Everything on a car except upholstery. I have a business license and sellers permit so I can buy cars at auction.

So, a family member bought an old VW, sight unseen and wanted me to restore it. I told her, before she bought it, to find a restoration shop because I don't want the trouble of an old rusty job. I'm 64 and have bad knees and back. She bought it anyway and came back to me many times to help her restore it. I told her many times, I'm not a professional and don't know what to charge. I asked around and came up with an hourly price of $60 which the VW folks think is a "super deal", and thought that $7 to $10K would get it done. (Because most of the rust was hidden under paint).
As I begin the work and the car comes apart, more and more rust is evident, once the paint and bodywork is removed. I kept telling her, there's more rust and time. The original estimate and communications are all in text messages. Now, she doesn't want to pay the extra, even though she pushed me to do more and more work. I originally said I would do only rust repair and paint.
Now she says, she called BAR and they told her, that I can't legally charge her that much, (balance of $3045.08). And that I don't have an original, official estimate and contract. One of her original texts was that "I'm helping as a family".
The car is currently half finished, and I sent her an invoice for the balance. She doesn't want to pay but wants her car back.
What are my options? Lean sale after waiting the time period? What are her options?
Thanks for any advice.
 


quincy

Senior Member
What is the name of your state? CA. I've been restoring cars for many years, mainly my own cars, then sell some of them. Everything on a car except upholstery. I have a business license and sellers permit so I can buy cars at auction.

So, a family member bought an old VW, sight unseen and wanted me to restore it. I told her, before she bought it, to find a restoration shop because I don't want the trouble of an old rusty job. I'm 64 and have bad knees and back. She bought it anyway and came back to me many times to help her restore it. I told her many times, I'm not a professional and don't know what to charge. I asked around and came up with an hourly price of $60 which the VW folks think is a "super deal", and thought that $7 to $10K would get it done. (Because most of the rust was hidden under paint).
As I begin the work and the car comes apart, more and more rust is evident, once the paint and bodywork is removed. I kept telling her, there's more rust and time. The original estimate and communications are all in text messages. Now, she doesn't want to pay the extra, even though she pushed me to do more and more work. I originally said I would do only rust repair and paint.
Now she says, she called BAR and they told her, that I can't legally charge her that much, (balance of $3045.08). And that I don't have an original, official estimate and contract. One of her original texts was that "I'm helping as a family".
The car is currently half finished, and I sent her an invoice for the balance. She doesn't want to pay but wants her car back.
What are my options? Lean sale after waiting the time period? What are her options?
Thanks for any advice.
California Liens: https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/lien-sales-abandoned-abated-vehicles/liens/

You probably would have been smart to keep hands off the VW restoration and steered your family member to a restoration shop. You could run into problems showing that your relative agreed to pay the amount you are now demanding.

Good luck.
 

quincy

Senior Member
... Let her have the car back.

Eat the loss. ...
I would at least try to negotiate a price that covers some of what Joz claims is owed before simply letting the family member have the car back.

I agree with the rest of what you said.
 

Zigner

Senior Member, Non-Attorney
Considering the OP, apparently, has violated the law, as evidenced by the family member's response from the BAR (Bureau of Automotive Repair), he might be wise to return the car and cut his losses, as suggested above. He could, of course, have a short discussion with an attorney.
 

LdiJ

Senior Member
Considering the OP, apparently, has violated the law, as evidenced by the family member's response from the BAR (Bureau of Automotive Repair), he might be wise to return the car and cut his losses, as suggested above. He could, of course, have a short discussion with an attorney.
Well, there is her word that she contact the BAR. That doesn't necessarily mean that she actually did or that they actually said that he violated the law. I am a bit skeptical on that. I doubt that they determine prices. They might possibly comment as to whether or not there was a contract, but that would be a civil issue for the most part.
 

quincy

Senior Member
Considering the OP, apparently, has violated the law, as evidenced by the family member's response from the BAR (Bureau of Automotive Repair), he might be wise to return the car and cut his losses, as suggested above. He could, of course, have a short discussion with an attorney.
Here is a link to California’s laws and regulations that govern automotive repairs:

https://www.bar.ca.gov/laws-and-regulations

I agree that there could be a failure on Joz’s part to provide as required an adequate disclosure of costs, in violation of the California Code of Regulations, Article 7, section 3353 - although this could depend on the content of the email/text exchanges.
 

Zigner

Senior Member, Non-Attorney
Well, there is her word that she contact the BAR. That doesn't necessarily mean that she actually did or that they actually said that he violated the law. I am a bit skeptical on that. I doubt that they determine prices. They might possibly comment as to whether or not there was a contract, but that would be a civil issue for the most part.
They don't determine prices, but, as pointed out by @quincy, they do enforce laws relating to written quotes, etc. If the OP didn't follow those laws (which would need to be determined), then the OP violated that law and might be in more hot water than just eating the cost.
 

LdiJ

Senior Member
They don't determine prices, but, as pointed out by @quincy, they do enforce laws relating to written quotes, etc. If the OP didn't follow those laws (which would need to be determined), then the OP violated that law and might be in more hot water than just eating the cost.
"More hot water" makes it sound like you think that criminal penalties are a possibility. I am disagreeing with that.
 

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