My question involves a consumer law issue in the State of: California. This is complicated, so please bear with me.
My wife and her father bought a 1966 Mustang back in 2004. When he found out that he had terminal cancer in 2007, he made an agreement with my wife's brother-in-law to restore her car. Here is that part of the story:
He works for a company that makes classic Mustang parts. He regularly restores classic Mustangs for his company to showcase at Nationwide Automotive events, namely SEMA. He has restored classic Mustangs, both professionally, and on the side from his full time job. He is the best there is. So, my father-in-law and he drafted a contract. The BIL made a list of parts required to fully restore, and provided a cost estimate of $5,000 for parts alone. The remaining labor estimate was $3,350. The $5,000 for parts was provided in March 2007, and the car was turned over after my FIL's funeral in June 2007.
The contract stated that 10-12 weeks were required to restore. This is due to the fact that the body, interior, and paint were in great shape. Only underbody metal replacement was required, as well as an engine rebuild, suspension and brake upgrade, and rear axle upgrade. This was all to begin upon delivery in June 2007, after my FIL passed away.
Three to four times a year since, we spoke about progress. I stayed out of the matter due to strained family issues. Until October of last year. He contacted me in Feb of 2016 to inform me that he and my sister-in-law were officially divorced, which we had no idea was in process. He swore to me that he would uphold his promise to my FIL. My response was that it was up to my wife. He promised her July 16, and in July, promised Sep 16. October 2016, I stepped in.
He told me on the phone he had just dropped a guy at the airport that flew in from Ohio to help him with the required welding. He needed 8 more weeks to complete.
Jan 2017, he told me that he was busy at work due to SEMA, and hadn't touched it since Oct 2016. He needed 8 more weeks to finish.
March 2017, he told me that it was raining too much at his house (in Las Vegas, NV, where the car was to be restored) to work on the car. Said everything was painted, and needed to be assembled. Only needed 8 weeks to finish the car.
June 2017, he told me it has been too hot to work on the car. I told him I've had enough. Give me a "come and get it" date, and put it in an email. He emailed a guaranteed completion date of 20 August, 2017.
On 17 August, he called me. He told me he "eff'ed" up. He STARTED working on the car two weeks prior, and would not be ready on 20 August. I told him that I agreed upon his "come and get it" date, I'm coming to get it.
20 August, we drive from Bakersfield, CA, where the contract was written and signed more than 10 years ago, to get the car. We arrive to find a car that was in shambles. We delivered a "good-average" condition, driveable car to him. We retrieved a car that was a step above scrap metal. It has obviously been sitting in the Vegas sun, uncovered for the last 10 years, as the paint and interior, which were once in very good condition, are all no longer salvagable.
So, obviously he's liable for the $5,000 in parts that were paid for, but not provided at all. As a matter of opinion, we are all certain that IF he bought the parts, they ended up on his Mustang that he restored in 2011, and has been on multiple TV shows. No new parts were provided when we picked it up.
I have had to barter my classic Jeep, estimated value of $15,000, to the person who is going to get it running again.
I spent a week of leave and $1,000 in trailer rental and gas to go retrieve the car. Additionally, I wasted a week of leave in October of last year when he was being very unclear of if the car was done or not.
I am going to have to completely replace the interior, and the car will have to be completely stripped and painted to bring the exterior to it's previous condition.
My questions are:
The contract was drawn and signed in CA. He was to restore the car in NV. What state do I file suit in?
A 1966 Mustang with the options my wife's car has, in the condition it was in 2007 is now valued at $31,500. It's current condition might, and I stress MIGHT, bring $750. Does this have any bearing on bringing forth a legitimate amount for judgement? I ask because it going to cost me $25,000 in trade and cash to bring it back to original condition.
Last, this car has immense emotional meaning to my wife. Her father built a car for each of his kids...except her. One brother got a fully restored Mustang. Another brother got a fully restored Corvette Convertable. Her sister got a fully restored convertable Mustang. All were cars that he personally restored. He felt bad that he didn't have one for her, so they bought the car together, and were to restore the car together. When the family was suprised with his terminal illness, with only 6 months to live, he wanted to give her what he couldn't do personally. He wanted to give her a fully restored car, just like he did the rest of his kids. So, not only was she robbed of the opportunity to restore her car with her father, she was robbed of the car almost completely.
So, I'm looking for facts about where to file, and opinions about what I could legitimately sue for. Can I sue for value, or cost of restore? Is pain and suffering a legitimate point in this type of lawsuit? What, if any, mistakes that we made might prevent judgement in our favor?
Any and all constructive and honest opinions are appreciated. Thank you for your time!
My wife and her father bought a 1966 Mustang back in 2004. When he found out that he had terminal cancer in 2007, he made an agreement with my wife's brother-in-law to restore her car. Here is that part of the story:
He works for a company that makes classic Mustang parts. He regularly restores classic Mustangs for his company to showcase at Nationwide Automotive events, namely SEMA. He has restored classic Mustangs, both professionally, and on the side from his full time job. He is the best there is. So, my father-in-law and he drafted a contract. The BIL made a list of parts required to fully restore, and provided a cost estimate of $5,000 for parts alone. The remaining labor estimate was $3,350. The $5,000 for parts was provided in March 2007, and the car was turned over after my FIL's funeral in June 2007.
The contract stated that 10-12 weeks were required to restore. This is due to the fact that the body, interior, and paint were in great shape. Only underbody metal replacement was required, as well as an engine rebuild, suspension and brake upgrade, and rear axle upgrade. This was all to begin upon delivery in June 2007, after my FIL passed away.
Three to four times a year since, we spoke about progress. I stayed out of the matter due to strained family issues. Until October of last year. He contacted me in Feb of 2016 to inform me that he and my sister-in-law were officially divorced, which we had no idea was in process. He swore to me that he would uphold his promise to my FIL. My response was that it was up to my wife. He promised her July 16, and in July, promised Sep 16. October 2016, I stepped in.
He told me on the phone he had just dropped a guy at the airport that flew in from Ohio to help him with the required welding. He needed 8 more weeks to complete.
Jan 2017, he told me that he was busy at work due to SEMA, and hadn't touched it since Oct 2016. He needed 8 more weeks to finish.
March 2017, he told me that it was raining too much at his house (in Las Vegas, NV, where the car was to be restored) to work on the car. Said everything was painted, and needed to be assembled. Only needed 8 weeks to finish the car.
June 2017, he told me it has been too hot to work on the car. I told him I've had enough. Give me a "come and get it" date, and put it in an email. He emailed a guaranteed completion date of 20 August, 2017.
On 17 August, he called me. He told me he "eff'ed" up. He STARTED working on the car two weeks prior, and would not be ready on 20 August. I told him that I agreed upon his "come and get it" date, I'm coming to get it.
20 August, we drive from Bakersfield, CA, where the contract was written and signed more than 10 years ago, to get the car. We arrive to find a car that was in shambles. We delivered a "good-average" condition, driveable car to him. We retrieved a car that was a step above scrap metal. It has obviously been sitting in the Vegas sun, uncovered for the last 10 years, as the paint and interior, which were once in very good condition, are all no longer salvagable.
So, obviously he's liable for the $5,000 in parts that were paid for, but not provided at all. As a matter of opinion, we are all certain that IF he bought the parts, they ended up on his Mustang that he restored in 2011, and has been on multiple TV shows. No new parts were provided when we picked it up.
I have had to barter my classic Jeep, estimated value of $15,000, to the person who is going to get it running again.
I spent a week of leave and $1,000 in trailer rental and gas to go retrieve the car. Additionally, I wasted a week of leave in October of last year when he was being very unclear of if the car was done or not.
I am going to have to completely replace the interior, and the car will have to be completely stripped and painted to bring the exterior to it's previous condition.
My questions are:
The contract was drawn and signed in CA. He was to restore the car in NV. What state do I file suit in?
A 1966 Mustang with the options my wife's car has, in the condition it was in 2007 is now valued at $31,500. It's current condition might, and I stress MIGHT, bring $750. Does this have any bearing on bringing forth a legitimate amount for judgement? I ask because it going to cost me $25,000 in trade and cash to bring it back to original condition.
Last, this car has immense emotional meaning to my wife. Her father built a car for each of his kids...except her. One brother got a fully restored Mustang. Another brother got a fully restored Corvette Convertable. Her sister got a fully restored convertable Mustang. All were cars that he personally restored. He felt bad that he didn't have one for her, so they bought the car together, and were to restore the car together. When the family was suprised with his terminal illness, with only 6 months to live, he wanted to give her what he couldn't do personally. He wanted to give her a fully restored car, just like he did the rest of his kids. So, not only was she robbed of the opportunity to restore her car with her father, she was robbed of the car almost completely.
So, I'm looking for facts about where to file, and opinions about what I could legitimately sue for. Can I sue for value, or cost of restore? Is pain and suffering a legitimate point in this type of lawsuit? What, if any, mistakes that we made might prevent judgement in our favor?
Any and all constructive and honest opinions are appreciated. Thank you for your time!
Consumer Fraud
Aucun commentaire:
Enregistrer un commentaire