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Disputes over automobile repairs are among the most common legal problems.
It is easy to understand why they occur so often. Cars are complex machines, and few of us understand
how they work or what needs to be done when they fail to work.
Even expert mechanics are unable to diagnose some problems without an investment of time in disassembling
parts.
This pre-inspection uncertainty is bound to result in misunderstanding and disagreement in some
cases.
A few unethical auto repairmen use this uncertainty to their advantage. Most, however, simply are
frustrated by it. They would prefer to give complete and precise repair cost quotes in advance, but
they cannot.
Automobile owners should be aware of an Arizona law that gives garages, service stations and repair
facilities a lien for the value of labor, materials and storage charges on cars that they work on.
The lien allows the repairman to hold the car until the owner pays the repair costs.
If the charges are not paid, and certain legal requirements are met, eventually the repairman can
have the car sold at public auction and apply the sale proceeds to his bill. It is possible for such
a sale to occur as soon as 30 days after the completion of repair work.
Most repairmen, of course, will work with you to resolve a dispute. And, there is some protection
for consumers in the mechanic's lien law. The lien applies only when the automobile owner has agreed
to the charges. In other words, a repairman may not hold a car for payment of his bill unless there
was an agreement in advance of the amount to be charged.
Thus, it is unwise to sign an authorization form allowing a repairman to do "any and all
needed repairs." To the extent possible, specify exactly what is to be done and what may not
be done without further written authorization from you.
Ask whether you will be charged for an inspection and, if so, what the charge will be. Also, determine
whether inspected parts will be reassembled, and at what charge, if you decide not to have any repairs
made.
Do not compound the aggravation of car problems by inviting unnecessary disputes about repairs.
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