Was told shocks and struts were broken. Now I'm not so sure. How to tell?

[dmax]

Hi everyone. I just purchased from a friend a 2000 Protege. I had it brought in for a state inspection at a local garage. I was told that I could not pass inspection unless the shocks and struts were replaced. I wasn't personally there, and there was some miscommunication about the price, and, long story short, by the time I was getting suspicious and the price was way above where I was told it should be, the car was already disassembled and new parts in place.

I had the car pre-inspected before I bought it, and I was told, and I confirmed it again with the mechanic who did the pre-inspection that the car should have passed and didn't need all this work.

I have no idea what my recourse is, but I am going to get the old parts that were taken out. What should I look for on the old parts that would clue me in as to whether they are really broken?

Thanks.

 

[slavrenz]

In many cases, there will be a visible layer of oil running down the sides of the shock or strut.

 

[The ManLaw]

yeah i'd get another tech to look at those shocks and struts, theres just something wrong with that. the pre purchase inspector would have noticed that there was something wrong with them just driving the car onto the lift. well he should have...

 

[dmax]

My father was the one taking in the car to a local shop for the state inspection sticker while I was at work, and when he called me to ask about what I wanted to do, he told me what he heard the mechanic say, which was that we were talking about replacing the shocks for $500. Only later, after the car was in pieces, did the mechanic make it clear that he was actually talking about over $1300 of parts and labor. I never would have approved of such a thing. I asked my father how he ever signed a work order where it wasn't clear $500 or $1300? It turns out there was never any work order. I signed nothing. My father signed nothing.

I'm kicking myself over how I ever let this situation slide to the point where I let this guy disassemble my car.

 

[The ManLaw]

please tell me you havent paid for this one. find the 1-800 number for the company you went to. local garage means b**** to the owner. if you did not agree to the cost you should not have to pay for the cost. hell no.

 

[joe_mn]

i got a similar quote for my 2k protege also. very common situation. replacing good parts on cars. shops do the work and say it was a communication problem but then they hold the car hostage if you don't pay. i have never been screwed over like this but if you go to court, they will look at any paperwork. like signed repair estimate. when you picked up the car, i am sure you signed a receipt for work done but that is not what we are talking about. does your state allow verbal ok's for work or do they require a signed repair estimate before going ahead?

 

[dmax]

I have not paid yet, and I have not picked up the car yet. I'll let you all know what happens after I try.

 

[The ManLaw]

just remember the facts of life, bitching always works wonders

 

[dmax]

I've been reading up on everything in preparation for going down there tomorrow. Did you know that in NJ, when you buy a used car in a private party sale that already has an unexpired NJ inspection sticker, you don't have to redo the state inspection until the sticker that is already on the car expires? All that stuff on the DMV web site about about inspection within 14 days of registration applies to new cars, cars from out of state, etc. AAAAAAAGGGGHHH!

 

[dmax]

So, I went. I protested. I demanded a reduction in the bill. The mechanic walked me through how he presented the work. He wrote $500 at the top of a piece of paper, and then underlined it. Then he wrote numbers underneath it which was some mixture of prices that he would normally charge with the prices that he would actually charge, separate, combined, blah blah blah. I asked if he could find the original paper that he had done this with my father. He looked around and found it, which was similar, except the underlined $500 was torn off the top. When I pointed this out to him, I noticed that while I was looking at the old piece of paper, he was holding the new piece of paper with the $500 underlined on top and had torn the top off of that piece of paper too. Force of habit, I guess.

Anyway, I protested. I offered $500. I offered to pay for parts and the inspection fee. I offered to pay the full amount but that I would indicate above my signature that I was paying under protest. He refused all of those things. So, I got in my car and drove off. He followed me to my home, said that I had stolen the car and that he would call the police, and that I should just drive back to the shop and we'll sit down and settle this. He drove back the shop. I started back that way too, but pulled over first to call the police. They said that in this circumstance, I can't steal my own car, and this is a civil dispute over the bill. I should just come down and file an affidavit, and hey, look at that, the owner of the garage is here now filing his affidavit. Why don't you wait until he's gone so we don't have an altercation here at the station, and file your own, and then you two can resolve this bill dispute as a civil matter.

So, I have the car in one piece, and we have an unresolved dispute. We'll see. I'm going to ask someone if I'm supposed to mail him the $500 up front or wait until he makes a move to collect. I assume that if he has $500 in hand instead of nothing, he has less incentive to fight over the rest.

 

[big Lou]

That's a bad situation.

 

[The ManLaw]

bad as it may be, the car is in your name correct? good. and you are over the age of 18? please say yes lol. suprise! you didnt sign for any of the work to be done, he did it without notifying you. theres no way in hell he'd win. if anything you'd pay for the inspection. its his fault he's a dumbass who didnt get the work authorized by you. why should you have to pay?

 

[dmax]

sh*tty as it may be, the car is in your name correct? good. and you are over the age of 18? please say yes lol. suprise! you didnt sign for any of the work to be done, he did it without notifying you. theres no way in hell he'd win. if anything you'd pay for the inspection. its his fault he's a dumbass who didnt get the work authorized by you. why should you have to pay?

The car is in my name. I am over 18. I am not a lawyer, but it is possible that a verbal agreement without a signed work authorization is binding. So, in principle he could win, I think, if he could persuade a judge that I verbally agreed to the full work for the full amount. Since I didn't, and since he didn't write anything up, I think I have the stronger case. However, I did acknowledge, and I have to stick by it, that I verbally agreed to $500, and so even without a written authorization, I think that I would be told that I at least owe that, even if had I known it was more, I would have said forget it.

I mean, I said to him right there, why didn't you write this up? I've never had work done on my car without it being written up. That way there is no disputing what was agreed to. His response was that in 12 years in business, he's never had a problem.

 

[dmax]

By the way, according to New Jersey Division of Consumer Affairs Regulations (N.J.A.C 13:45A-1 et seq.) section 26C.2 "Deceptive practices; automotive repairs" it says (skipping excess verbiage in order to get to the point):

...the following acts or omissions shall be deceptive practices in the conduct of... an automotive repair...:

• Commencing work for compensation without securing one of the following... Specific written authorization from the customer, signed by the customer, which states the nature of the repair requested or problem presented...
  
• Commencing work for compensation without... Providing the customer with a written estimated price to complete the repair...
  
• Charging the customer for work done or parts supplied in excess of any estimated price given, without... consent of the customer, which shall be obtained... before the work... is done... If such consent is oral, the dealer shall make a notation on the repair order and on the invoice of the date, time, name of person authorizing the additional repairs and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost.

 

[The ManLaw]

^^^ good to know man. see this is why i got into the criminal justice field at my college. this stuff just interests the hell out of me. i also tend to hate when people screw people over and try to get away with it by using the law...even though its illegal. still subscribed to this thread, let me know what happens!

 

[skala]

suspensions

Hi I have mazda5 for 5 years. I put 48000 km and recently I hear abnormal noise from suspension. After diagnose which cost me 60$, dealership confirmed the noise and recommended replacement of rear swaybar bushing and front struts and wheel alignment which is going to cost my about 1000 $. Dealership is saying that this is not covered under the extended warranty and it is wear and tear. It feels strange, after putting 48 000 km in town I have this kind of problem.I am just wandering if there is anybody with the same problem and of course any advice is welcome. Thanks

 

[MaxPower]

I have no idea what's wrong with your car, but take it somewhere besides the dealership to have it diagnosed and fixed for much less money.