AutoMechanic
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In that case I’m not sure because I never have dealt with that there lol
WWYD - Customer won't pay for tranny swap
- Thread starter avacado11
- Start date
I don't know NY law but where I am, that constitutes a legally enforceable contract ( provided it can be established)
She has no standing for that, tell her to get bent and put the Lien for $800 on it if she gets unreasonable for what she agreed to
Again, all this is pending on what those texts say and any other agreement that can be established
That may be technically correct but I wouldn't face a judge with such a "Mr. Haney" argument. You might be found in contempt.
What I suggest is to develop about a 1-3 paragraph statement on terms, conditions, exclusions etc. and make it a part of your work order process requiring signature. ( get a lawyer in your state to vet it for compliance with state law).
Eat the first one but stop any future ones.
Eat the first one but stop any future ones.
For?
Well she's not honoring her part of the agreement if it came down to that. She wants to leave with the car without paying anything.
JHZR2
Staff member
We would need to see the terms of your contract for $800 with her. If it were firm fixed price, no assumptions noted, it’s on you. If there were assumptions noted, then it’s on her. An amenable solution due to the wrong parts coming is another story potentially, but again, depends upon the terms related with her provision of parts.
If this was done too loosely, it’s not really any sort of binding basis it seems; and if Parts of whatever you two signed upon was written to bind, then whomever gets bit is whomever left out the terms in their favor...
An amenable middle ground might be that she owes you a storage fee due to her having the liability of ordering the wrong parts. Compare that to the ATF cost (again, contingent upon what the contract indicated), and go from there.
If this was done too loosely, it’s not really any sort of binding basis it seems; and if Parts of whatever you two signed upon was written to bind, then whomever gets bit is whomever left out the terms in their favor...
An amenable middle ground might be that she owes you a storage fee due to her having the liability of ordering the wrong parts. Compare that to the ATF cost (again, contingent upon what the contract indicated), and go from there.
Here is the problem right here. It will be her word against yours. She is a gamer and has probably done this to others.
How much business is being held up while you deal with this gamer?
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If she wants if for free,tell her to take a hike. But she should get her completely repaired car for the agreed $800.
Oh it sounds like she is absolutely crazy then. The issue with this is that crazy people also have the loudest voices. You know where I'm going with this... expect her to leave a bad review on every single website she can. If the total is $800 (sounds like a pretty good deal to me for a trans swap knowing what others charge) it might be worth eating it knowing what the alternative may be, then fire the customer.
I would also try to bargain with her that the other costs come from her ordering the wrong transmission, and also one that showed up empty. Ultimately though it sounds like a bad situation that she isn't willing to budge on without legal action.
I would also try to bargain with her that the other costs come from her ordering the wrong transmission, and also one that showed up empty. Ultimately though it sounds like a bad situation that she isn't willing to budge on without legal action.
Don't know the details but I would seek to diffuse the situation first then attempt a reasonable compromise
She absolutely has, and it is why you should never, ever do anything through word of mouth only or through text. I guess take this as a hard lesson, since it is all through mouth there isn't much that can be done legally.
Respectfully, that's not correct- its just a bit more difficult to prove but I can assure you a verbal contract is 100% legal,binding and enforceable.
Read the OP's post again. It's pretty simple and doesn't require another explanation.
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NY cop view as if I was called to this mess. I would be explaining (using the conditions put out there by the OP) to the vehicle owner what a Mechanic's lien is and that it appears to be legitimate in the amount of $800. And she would not be able to take possession of the vehicle until the $800 was satisfied or the shop owner agrees to let it go. Education on the programming may go along way here.
Conversation with shop owner is hey buddy, she might be a nightmare customer and completely unreasonable; but you cost yourself when it comes to the overage past $800. I would suggest it seems like the programming is part of labor but you could always argue that one in a court. Call it a "tech" service non-related to labor but you'd have to establish a policy on that prior to any court hearing.
Bottom line is working on the car owner. He's not lying to you about the programming. To get a deal done so I wouldn't have to tie my cops up with this nonsense...I'd probably call a local BMW service center and explain. Ask for a rough estimate for this very same service. And use that 5k or so estimate to let the woman feel like she won. Ask the shop owner to let it got for 1k and see if they can both agree to that civilly. If not? Police are out of this civil issue. Car owner formally notified owner is trespassing you. You are stuck in civil court. Is it worth it?
There is usually a reasonable middle ground to meet on. Future ... absolutely NO repairs without a clearly written contract signed by the vehicle owner. That's my view.
Good luck.
You're right, what I should've stated is it's not worth the cost in this instance. Purely verbal contracts are extremely hard to enforce.
