Legal Advice!

[Crownliner]

This is a unique problem I'm running into and wanted to get some advice from you guys.

In September of 2009 I bought a 1972 C20 Suburban. My Uncle who lives in Salt Lake and is a certified mechanic with his own shop took on the project of replacing the original 350/350 with rebuilt 454/400th, new front and rear DANA Axles, transfer case drive lines.... you get the picture, its all new.

I've paid for the entire project and all parts according to what my Mechanic has asked for with blind faith. He has said that everything is paid, I don't owe him any money for anything, its just a matter of him finishing it up. He's family and we've spent a lot of time with each other's families throughout my life.

The problem is, ITS NOT DONE and he continues to give me excuses as to why its not done like..... I'm slammed busy right now with lots of other vehicles, I have to keep the money comming in etc.. Every week its something else. My truck is taking up a bay and he says that he needs to get it done so he can use that bay for other customers repairs, but he continues to put it off and put it off and put it off bla bla bla.... The engine is installed and we're down to clutch fan, custom fan shroud, fuel lines and little crap. I have pictures to prove that its in this shape from other relatives that have sent me pictures at my request while visiting him and his family.

Now for the last two weeks he won't answer my phone calls or respond to me at all. I am to the point of wondering what rights I have and what I should do about this. I am considering driving up from Phoenix to Salt Lake, picking it up and bringing it back. The problem is what do I do about the money I've paid to him for completing this project? Do I take him to small claims court? I don't have anything in writing, just a hand shake from a supposedly honest close Uncle. I can show all of the money I've sent to him for the project etc..

I'm extremely frustrated and feel like I've been held hostage as this project has now gone on for 1 1/2 years!!!!!!!!!!!

Any advice would be greatly appreciated!

[flashed]

I would go get it and wash my hands of him and let it go. Thats why I wont do business of any kind with family .Family will usually screw you before anyone else or at least thats how my family works. Best of luck to you and somehow you will become the bad one.

[70jnktrk]

Originally Posted by flashed

I would go get it and wash my hands of him and let it go. Thats why I wont do business of any kind with family .Family will usually screw you before anyone else or at least thats how my family works. Best of luck to you and somehow you will become the bad one.

x2

[travlinman]

I learned early on to never do business with family no matter what or how small the job is. it always ends bad somehow ... and before u know it u put urself in the middle of family's..
have u put a dollar amount on what he has finished?
I say go get the truck thank him for what he's done and walk away....
good luck
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[John Gilbert]

Cut your losses... Go get it and bring it home. Maybe sometime in the future your uncle might, or might not make good in another way... A lot of people don't know this, but I used to be a ghost writer for Ann Landers.

[Kokomoooo]

I say be patient and wait. If your not doing the project yourself, then you put yourself at the mercy of someone else. Besides, maybe he is slammed, and being family, he cut you slack on labor costs, so he should put the higher paying coustomers first. JMO

[1968SWBBigBlock]

This is also the risk we take with hand shake deals!
Been Thier been Burn't
I will never pay for anything that is not finished again -
I agree, go pick it up and wash your hands - he has long ago spent your $ and likley does not have enough to finish it or finish it correctly.
Be prepared to spend some extra $ fixing up issues that may not have been done correctly.

[teeitup]

Thats why I never pay prior to having work done, I agree with other guys just go get it and hopefully learned something unfortunately

[allengator]

I agree with what has been said above.... 2 mistakes....

1. dealing with family
2. paying in advance

It is just simply not human nature to finish the work after you have spent the money...
Especially when other work is available to get MORE cash...

It makes you feel anybetter, most of us learned these 2 lessons the hard way as well!

[Clyde65]

I would get your ducks all lined up, go up there with bodies and trailer in tow. Speak to him about the time and money issue, tell him you feel you need to get it now because your not willing to wait any longer, ask him to find all your parts ( take receipts) and once it is all on your trailer, ask him how he wants to do the paid for labor that hasnt been completed. If he balks or throws a fit, leave, see him in small claims court, if he is willing to work with you and you both can come to something amicable then do it and dont drag it out, put the issue to bed and move on. Lesson learned...right?

[Crownliner]

Well I got off the phone with my uncle and he apologized for not being in contact. He's down to him and another mechanic and are slammed, he said he has been working on it here and there in spare time and its getting done, just not as fast as he had planned. He said he's close to getting it started for the first time, then dealing with all the problems that arise after its started etc.. He also said that if I can't be patient and allow him to do it right, when he can, then I can go pick it up...

I agree with the "be patient" comment after talking to him. He was sincere in his apology and has proven over the years to be an honest person. I guess I'll wait and hope that my experience is the Anomaly!

Thanks for your quick feedback guys, and yes, I should have waited to pay him for the job, that's a mistake I surely won't repeat again!

Any of you seen "The Money Pit" TWO WEEKS!

[Tomahawk30]

Originally Posted by Crownliner

Any of you seen "The Money Pit" TWO WEEKS!

Ugh... I used to love that movie! Then I paid a psychopath to paint my 65 Impala. "We are slow, so once you get it into the shop, we can have it all done in two weeks!" Two YEARS was closer to the final tally. I made the same mistake you did. Paid half up-front, and let him talk me into paying the rest in advance not long after I dropped it off. Felt bad for the guy trying to make ends meet, his young daughter was supposedly having health issues, etc... Toward the end we were having to call him nonstop and just annoy him to the point that he'd finally call us back, and then he'd call us all kinds of choice descriptives and complain that we weren't being patient enough. I found out after I finally got it back that another customer had the same issue with this joker. He'd finally had enough and just showed up at the paint shop to take his car home. The painter from hell tried to refuse him claiming he still owed more money because materials ran more than expected. When that didn't fly, the painter pulled a gun on him! I guess I got off easy in hindsight...

There's a time and a place to be a nice guy. Paying in advance for these types of services is apparently not one of those times. Lesson learned.

[special-K]

Have you threatened to come get it? He has spent your money and that's the problem. If he's any kind of man he'll work his way out of it for family,but you need to gain control at this point. He gave up his rights when he spent ahead.

[SIDS65]

Blood is thicker than water. Be patient and he will get it done. Dont let a vehicle come between family. Just my 2 cents.

[Spoof]

Originally Posted by SIDS65

Blood is thicker than water. Be patient and he will get it done. Dont let a vehicle come between family. Just my 2 cents.

X2

Don't let your frustration create a rift, try like hell to understand, and do all you can to emerge from this situation with your truck and family intact. It doesn't have to be one or the other.
I disagree with a lot of what has been said by others up to this point, remember it's not only just between you and your uncle.
It sounds like you two came to an understanding and appreciation of each others side, just like family men should do. Nice.

[eyebuzz]

I think the problem really stems from him leaving you in the dark and not returning calls. If he really was lazy or a con man you'd know that already and probably wouldn't be dealing with him to begin with. Good lesson for all of us that have clients or customers - just be straight with them - they might be mad a first hearing bad news...but if people believe you are sincere it will work out. Best of luck. And I feel for you - right now my Suburban is out in the driveway with a car cover and a layer of snow on it - pulled the cover back today and literally forgot what it looked like!!! I just want to drive again.

[Crownliner]

I'm an Eagle Scout, and I have always treated my family and everyone around me with honesty and respect. When I don't receive it in return it irritates me, but I continue to treat the other person how I would like to be treated.

When I was 17 years old, I drove my 76 Blazer with a tricked out 396 up to Salt Lake to do landscaping work for an uncle over the summer. It was a blazer built by my "mechanic uncle" that's now working on my Suburban. I went up to work with his brother the landscaper. The landscaper had a black short bed Chevy 4x4 that he had just gotten back from his "mechanic brother", and he just had to show it to me right when I got there. He took me out to the main street and said hold on Kev. He punched it, slammed my head against the rear glass so hard I was speechless. It was always the truck I measured every other truck against.

Fast forward 13 years, and that truck that had mashed the back of my head against the rear glass had sat for 10 years at "mechanic uncle's" shop waiting to be even further tricked out. My landscape uncle had run into some health problems and he just never had the money or priority of finishing it. I bought my 72 suburban, called him, asked if he had a motor he could put in.... he laughed and said he had just one old school BB left, and it was in the Black Short Bed waiting for me to call. Forged crank, flat top pistons, some crazy heads, 500hp at the wheels just waiting to be freshened up and put in something worthy, like my 72 4x4 burb.

My frustrations lie in the lack of communication and achievable plan. Emotions and feelings aside, I've really spent a ton of money on this project and to be pushed aside for other vehicles makes me all kinds of crazy.

I'll wait and see, hopefully get it back in time to install AC before the summer time and boat season!

[Crownliner]

You know, this thread is exactly how my brain has worked over the last few days. At first I was very angry and ready to throw family aside, pick up my burban and all the parts to finish, take him to small claims court and be done with it.

After running the scenario through my head a few times, and calling his oldest sister (my Mother) I came to realize that it wasn't worth the hard feelings. It's not worth hurting my mothers relationship with her brother, or the relationship he and his family have built with all of my family. Thanks for all of your words of wisdom guys, you really are awesome

[pritch]

You know, if you want I could stop by his shop for some reason or another and eyeball it for you. I'm in SL often, but I won't be again until next Thursday.

[WestButteTruck]

Family is tough as it can affect a great number of people with one bad experience. Luckily it hasn't happened to me yet. But I've seen it first hand and it can be tough to watch.

On the other hand, you would like your burban back. I don't blame you for that. How far away are you from him? Could you take a trip there and lend a hand for a couple of days? Working on your rig that is, with him. Weekend?

[eyebuzz]

Originally Posted by WestButteTruck

Could you take a trip there and lend a hand for a couple of days?

I like this idea - he'll feel obligated - and maybe it won't get done in a weekend, but it will get him moving - and smooth things out with you guys too.

[71sierragrande]

Dont worry about the family thing, people are people and you both should understand that. If he cant get to the truck right away, do what any other customer would do...take it to someone who can. Very understandable, family or not. But if you have paid up front, then you should be first in line. Sounds like you need to discontinue doing business with that type of person anyway. And, if he needs more money to finish, who's to say it wont get pissed away as well. I've dealt with guys like that before and...hmmm, I wonder what those guys are up to these days, I havent dealt with them since. Don't let him walk all over you cuz you're family. A paid customer comes before a paying customer, thats what getting paid up front is supposed to be for, at least for honorable people. Go get it and let someone else finish it so you can ENJOY YOUR TRUCK!

[409impala1]

advertise on craigslist for a free paint job to the 100th customer that calls and asks for BIG DADDY, and give his phone number, may not get your truck done quicker, but you will enjoy it just as much.,,,,

[big_al_71]

never pre pay anything pay as you go is easier go pick it up and consider it lesson earned..

[C. M. Wolf]

I would think, "Keep it in the Family", at least until most of the family members say take it to a court.
I'd talk to Dad or Mom,(whichever side of the family the uncle is on), to see if any pressure can be levied from them, first. Then get the whole darned family involved, in possibly adding pressure on the uncle.

Then if all else has failed in a remotely timely manor,(from this point), seek a court of law. In most states, verbal contracts are binding and you can show the monies that you've paid to the uncle or his mech-business... right?

I do wish you the best. Try not to stress too much, I hope things work out on your best behalf.

Michael