Irvine, CA asked in Business Law, Contracts and Consumer Law for California

Q: Bar told us that we need to pay $3500 to customer because he didn't sign the estimate.

Customer picked up the car a long time ago. Signed invoice when he picked up the car. Estimate and invoice cost were the same. Now he wants us to redo the job, after the warranty has expired. Car was towed in and we got authorization to do the repair over the phone, but no signature. Bar told us to pay and referred me to case Bennett v. Hayes.

We are an honest repair shop trying to get by and this customer wants a free ride.

Do I have any chance if I have him take this to small claims court or should I just pay the $3500?

I read the Bennett v. Hayes case. We didn't change prices, didn't add anything. He just wants his money back because the engine failed after the warranty expired.

I understand that we should've documented when he said "yes" to the repair over the phone.

Does the court take into consideration that we didn't try to screw the customer at all and he is just trying to get a free repair job?

Thank you,

V. G.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Small claims court may be useful for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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