Consumer Law, Warranties Oral contract

[carprobl]

I took my car into a transmission shop for repairs. I was told that I had a refundable ( if I went through with the repairs) 89.99 diagnostic test. They determined that there was a small part that needed replacement. It took them four days to get me a quote. They had to tear apart the transmission to figure out what part was needed for 820.00. This would be refunded if I had the repairs done with them. They took four days to get back to me and told me that it would cost 3500.00 plus tax to fix. I initially gave verbal consent by giving them my driver's license. I called an hour later to cancel the work being done. They told me I couldn't. They had already ordered the parts and shipped them. I tried to talk to them last night but they could not even give me a breakdown of the expenses. He told me to come back in the morning. I went back and told them I don't want the repairs. He won't release my car until he gets the parts and is going to charge me the above fees plus shipping and 15% restocking fee before he returns my car. Can he hold my car ransom? Can he also charge me these miscellenous fees without a written signature?

 

[jharris352]

Yes he can.

 

[Michael Wechsler]

I am not sure I agree. I don't understand. He shouldn't be charging you for the parts he ordered if he is keeping the parts. If he has the parts he then cannot charge you a "restocking fee" either. In fact, I would say that if you've canceled the agreement there is only a certain amount that can be withheld which is either stated in the contract or would be for the actual and consequential damages that resulted from you canceling the agreement. Unfortunately this is a common tactic used by garages, holding your property hostage...