If a mechanic refuses to buy car parts with the money I paid him, then when I tow the car from his house can I bring an officer to help me get the money?

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If a mechanic refuses to buy car parts with the money I paid him, then when I tow the car from his house can I bring an officer to help me get the money?

I paid for a car and the title is now in my name and in my possession. My car is at a mechanic’s house, we made a deal stating that I would pay him $900 and that $500 of that sum would be for parts and the rest for labor and excess costs. I gave him the $500 last night, he signed a contract stating that he will be using the $500 to get the parts and that I will be paying the rest of the money which is $400. Now today he is saying that he is not going to buy the parts with that money and he needs more than $900.

Asked on July 7, 2012 under Business Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, law enforcement will not want to get involved in what is seemingly a civil action based upon my experience in such matters.

As to the written agreement that you signed with the mechanic, you need to carefully read it in that its terms and conditions control the obligations owed to you by the mechanic and vice versa.

From what you have written, you have a breach of contract issue on your hands and I would not give this mechanic any more money.

I would write him or her a letter demanding performance under the written agreement. Keep a copy of the letter for future need and reference. If performance is not made by the date demanded, then you need to get the return of the car and the money paid.

If the mechanic refuses, then you need to consult with an attorney that practices  contract law. If this mechanic is a licensed mechanic in your state, you should consider making a complaint against him or her with your state's bureau of automotive repairs.


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