Medford, OR asked in Contracts and Communications Law for Oregon

Q: Can a mechanic charge me 20% of the price of a part I no longer want?

Been dealing with a mechanic about 3 weeks. Ordered a part I needed a week ago told me it would be in within the next week. Asked him about when it would be put in this week. And now hes told me another week out, I decided to go somewhere else and now he wants to charge 20% of the price of returning the part. Do I have to pay him? There is no written contract or work order that I've signed for this part. Also he has told me 3 different times he would remove the old part and still has not done so.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: It's hard to say but unless he promised you in writing a date by which he would have your car fixed I think you are being unreasonable and you should either pay for the cost of returning the part which he only ordered for you or just let him finish the job and have him guarantee in writing that he will have the car done by a certain date. Now if there are other reasons that you want to change shops, then you might want to still change. Do understand that merchants do often charge a restocking fee and it is important to find out if there is such a charge before you engage their services. Without reviewing the entire transaction, the paperwork, and what is customary in the industry I can't tell you if you will still owe the fee or not.

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