Consumer Law, Warranties Deadbeat Mechanic

[ndragon]

I have a contract with a local mechanic to perform some repairs on a vehicle of mine in exchange for a classic car I own. As a stipulation, he requested that the classic be stored in his shop as collateral on the deal.
The work he performed is seriously under par and he has now violated the terms of our written contract.
How can I go about reclaiming my property (the classic car)? He refuses to return it.

-Nick

 

[garykittrell68]

Is the car still in your name?

 

[ndragon]

Yes it is. Sorry I didn't mention that before.

 

[garykittrell68]

Is there a timeon when the repairs are to be compleated........ You say the work is not up to par, but you will have to have another mechanic substantiate this in court. You mentioned "terms" what are the terms, and have you given this mechanic the oppertunity to fix what ever the problem is...

Gary

 

[ndragon]

This is the contract. Body Works Unlimited looked at this as per the terms of the contract and turned the repair away stating there was more work that needed to be done than his shop could accomodate. I asked him to explain that and he said he doesn't take jobs where a complete repaint needs to take place.

In consideration of services rendered along with monies, totaling $4,000.00, paid to me by Troy Gillette, I, Nicholas Dragon, do hereby sell and convey to the buyer the following vehicle, as is:
1968 Pontiac Firebird Coupe; VIN 223378U610485

This form does not represent documentary evidence of ownership unless accompanied by the outstanding certificate of title.

Legal title of ownership for the above mentioned Pontiac Firebird shall remain in the name of Nicholas W. Dragon until repairs to the 1993 Ford Probe are completed and inspected by Body Works Unlimited Inc. Upon inspection of quality and approval of Mr. Dragon, title of ownership and all parts currently in the possession of Nicholas Dragon for the 1968 Pontiac Firebird shall be transferred to Troy Gillette.

Required in order to fulfill terms of contract:

• Complete body, paint, and detail work as outlined in Body Works Unlimited Inc., estimate number 9174, as initially agreed upon by Troy, maintaining equal or better standards of quality as Body Works Unlimited Inc.
• Repair or replace window moldings, fascia, and any weather seals damaged during the process of body, paint, and detail work.
• Cash payment from Troy Gillette to Nicholas Dragon in the amount of $500.00.
• Terms of this contract shall be completed no later than November 24, 2007.
• Upon completion of repairs, Troy Gillette shall present Nicholas Dragon with a completed repair order or receipt itemizing each repair, parts replaced, cost of the parts and labor charges.

This was signed by the mechanic and myself. Can I take a Sheriff over there and reclaim my property until the terms of the contract are fullfilled?

-Nick

 

[garykittrell68]

the police may tell you it's a civil matter.....But you can try!! If that don't work then you may want to talk to an attorney.