Can I refuse to take the car?

Question

I have a 1993 Nissan Maxima that wont run due to a transmission problem. AAMCO diagnosed the car and said it would cost $1995 to fix the car and it will be fixed in 2-3 days. They said the price may go up a little if they find something wrong. For that price I can go buy a used car.

I left the car with them. Now, after a week they are still repairing it and saying that the actual cost will be $2,700.

The car itself may be only worth that price. What can I do now? Can I refuse to pick up that car?

Please advice.

Answer 1

A contract question...my favorite. The components of the offer are as follows: your car will be fixed, it will cost $x but may be more if any other problems are found, it will take 2-3 days. Leaving your car at the shop is an indication of your acceptance of the terms of this offer. All of the conditions of the offer have been met, save for one: the 2-3 day timeframe has been breached. In this case, the shop is in breach, and you have no legal obligation to forward a payment. That was easy...any more?

That, of course is based only on the information you have given. It doesn't take into account, any signed agreements you may have with the shop.

Answer 2

If you thought the price was too high, why did you leave it there? Apparently, you gave permission to have the work done, they also warned you upfront that it may cost more than the estimate. That was your first clue that the bill was definately going to be higher. Now at this point, you are liable to pay this bill, you are defrauding a business owner by not picking the car up. The mechanic can put a lien on it, thereby stopping you from selling the car, he can also sue you in small claims court, for the defrauding issue. You better make arrangements to pay this man, he did the work requested, now it's your turn to complete the deal.

Answer 3

You are responsible for the car and cannot simply "give it" to the shop in lieu of payment. This would be considered abandoning it and is against the law. It is a state registered vehicle and you have responsibilities to the state that prohibit you from ditching it. Did you authorize these repairs? If not, then stop them promptly. Do not let the shop strong arm you into any repairs that you can't pay for. They are not doing you a favor by fixing it w/o your approval -- this is extortion. Do you think that they started these repairs knowing that you would not be able to pay for them -- forcing you to forefit the car to them? Check with the Better Business Bureau and see if they have any similar complaints, but do not ditch your car. You will wind up paying more in storage fees if it stays at the shop (some charge $20 per day!).

Answer 4

They are not allowed to do any work exceeding the original estimate without written notification and agreement.

They cannot simply add more parts and charge you $2700-- you have to agree in advance.

I dont think you can refuse to pick up the car, however. You DID agree to $1995. The best they can do for you is perform only that amount of work and return the car to you for that price.

Answer 5

Yes you can refuse, but that doesn't mean that you won't have to pay for the work. I am sure that when you left the car you signed something, so it is your responsibility to pick it up and pay. They can report it to your credit. Also, Don't wait too long because some places have a policy that they'll have the car towed at your expense.

Answer 6

Yes if you don't want your car anymore, but they could still take you to court. You would probably have to give them the title or something and call it even.

Answer 7

i dont think you can refuse to pick it up. call them and ask if they can just junk the car and you just buy a new one. look at goverment auctions. you can get a new audi for like 5g's

Answer 8

ask them if you can just sign the car over to them instead of paying them... then you'll be without your car, and they can sell your car for the money you owe them...

Answer 9

if i were you i would leave it and buy another car