Consumer Law, Warranties transmission mechanic nightmare, TX

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putter427

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San Anonio, Texas
I recently allowed a local transmission shop to pick up my car (phonebook ad states free towing, free diagnosis, etc.) There wasn't a whole lot wrong with the tranny to begin with, however a day later I got a call from the sales manager stating they could not find out what was wrong with it unless they tore it apart, which I understand. After tear down the quote was over $3,000.00 for parts I know really didn't need to be replaced, because I went to a friend who works for GM and he diagnosed the electronics and found nothing wrong. We have gone back and forth on the pricing which he finally dropped about $1,500.00 so did the warranty. I told him the last price quote we talked about was still too high and I would pay him for half the work (removal and tear down)he had already done, he wouldn't accept the offer. A couple of days later, I got a voice mail from him stating "my car was ready and we'll work out the details". I was pretty angry that he had taken upon himself, without permission, to fix the transmission and now he said I cannot have my car back unless I pay him over $2,000.00 (which I cannot afford). I had never given him verbal authorization(which he said I did and I didn't) to proceed and I had never signed any kind of contract or document or anything giving him permission. I have heard different things from different people on what to do. This has been going on for 12 days and I know after 30 he has the right to file a mechanics lien. What rights do I have to get my car back? Is that considered theft for him to hold my car against authorization? Should I get the police involved? Some say to get the owner of the car involved. I understand he doesn't have a case because there is no written permission anywhere. I've only had the car about 7 months and it is still being financed (sold as is- no warranty). Please help!
 
This is a difficult situation and I thought you were the owner of the car. You can call the police but I'm guessing they will likely not want to get involved and say that this is a civil issue, not criminal.

My guess? You are probably best served working this out with him and explaining to him that, if this goes to small claims, you do have a witness who tested the electronics and would testify on your behalf, don't want to be forced to file your own complaints against his shop elsewhere as is your right, etc. Essentially it is within both your interests to work it out. Get a fair quote. If his quote is just a bit higher, you might just want to pay it and get this over with and get your car quickly. You can then file against him in small claims for the difference you feel you shouldn't have to pay.
 
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