• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car repainted badly - small claims court to get refund?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hfelsh

Junior Member
What is the name of your state? FLORIDA

I let a "friend" of mine who paints cars as a job (well, his SECOND job it turns out) talk me into repainting my car (1997 Mazda Miata.) I paid him $500 to purchase the paint and supplies, and agreed to pay him the balance ($700) when I picked the car up. He told me it would take 10 days, give or take a few, to finish it. 3 weeks later, after calling and bugging him numerous times, he finally said it was ready.

When I picked it up, the paint was HORRIBLE! There were numerous bugs stuck in the paint, runs, drips, some paint was thicker in some areas than others, etc. He seemed pleased when I drove up, until he saw me go ballistic - and at that point, told me he could "buff it out in 3 or 4 weeks", and asked for a check for the rest of the money. I told him I had "forgotten" it and left. I spoke with him 2 days later, and he offered to "do it over" and fix it, but wanted me to pay the balance ($700) first, since he'd need to purchase more paint and supplies.

I went to three different body shops, who all agreed that the paint work done was shoddy work; there is paint all over the trim pieces, orange peel all over the paint, and the paint is already peeling! It isn't even sticking to the car in some places. It's costing me $3400 to get it stripped off and done correctly. Of that, about $800 or more is just labor hours to sand everything he did off.

Can I take him to Small Claims Court for a refund of the initial $500 I gave him? Can I ask the courts to award me damages in the amount of labor it's costing the body shop to sand off everything he did?
 


dallas702

Senior Member
Just a lay answer, but....

First, you could have gone to any production shop (Maaco, OneDay, etc.) and had a very good job done and guaranteed for $1200. But that's water under the bridge. I'm going through the same thing right now...not just with the person who lied about the car when I bought it, but with a supposedly "expert" shop that I paid $7000 to strip, skin, seal, primer, block, paint, colorsand, and buff on a '66 Mustang GT convertible. The shop lied, didn't strip the car, didn't prime it, didn't do any bodywork other than a couple of specific places, and didn't use nearly enough paint. It was so bad I paid $1000 to have it soda blasted down to the metal to have it done correctly. Yes, I am going to sue him for the entire $7000, but can I hope to get more than that? Probably the $1000 for blasting that he should have done, but I don't think I should expect more than that. I visited with an attorney who specializes in this type of action. He agrees with me, but was honest enough to let me know up front that representation could easily cost $1-3000. I'll do my own filing because I already have all the affidavits and supporting evidence (about 100 pics and video).

In your case I'd ask for the $500 you gave him plus the cost of having the car stripped. The judge can always give you less, but seldom would he give you more than you ask for. So ask for everything you think is reasonable. BTW: most states require you to send your "friend" a demand letter first (gives him a chance to pay you back, but also to hide his assets).
 

hfelsh

Junior Member
Wow! :eek: You make mine look like a drop in the bucket...! Sorry to hear about yours. You're right, I should have had the body shop I'm having do it now, since it would have cost me ~$2000 to have it done right the first time. :rolleyes:

But thanks for the info...I was thinking the exact same thing said.
 

Some Random Guy

Senior Member
One more thing

One more thing, before you get it repaired by a real painter, get some good quality photographs in good lighting that show exactly what you are talking about.

The court system cannot look at a car with a good (second) paint job and realize that it used to look crappy before the second painting.
 

hfelsh

Junior Member
I took about 20 pictures myself, most of which show the crappy job (some turned uot very blurry - digital cameras don't like to focus TOO closely! :cool: ) Clearwater Collision also said they would take photographs like it was an insurance claim, and provide me with a statement testifying to the quality of the previous paint job and why they had to sand it all off.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top