What to do if an auto body shop used aftermarket parts andI specifiedI only wantedOEM parts?

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What to do if an auto body shop used aftermarket parts andI specifiedI only wantedOEM parts?

I took my car to a body shop for repair. I had told them I wanted only OEM parts. Yet when I got the car back they returned it to me with aftermarket parts. Am I still responsible for payment?

Asked on September 21, 2011 under Accident Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was an agreement to use a certain type or quality of parts and the body shop breached that agreement, you'd have a cause of action. However, your remedies most likely do not encompass simply not paying for the work, since even if the work was not done to spec, you did get the car repaired--i.e. you got something of value. Depending on what exactly the agreement said and the exact circumstances (e.g. relative value of parts; cost to redo the work, etc.), you are probably entitled to one of the following:

1) The difference in value between your car as repaired with OEM parts vs. difference if repaired with aftermarket parts;

2) An order forcing the shop to redo the work with OEM parts.

If they won't voluntarily provide compensation of one sort or another to you, you'd need to sue for compensation. At that point, you should consult with an attorney to determine your rights and best options. Good luck.


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