Legal Question in Real Estate Law in California

Hi,

My car was broken into back in April 2010, I filed a claim under my insurance and took the car to the dealership for repairs. My car was in their possesion for a month & 1/2 and was outsourced during that time to an additional body shop. When my car was returned to me there was damage on my passenger side seat, before driving my car off of the dealership lot I told the service rep about the damage. He said they did not couase any damage and to go to the other body shop and see if the caused the damage. I went to the other body shop and they said they didnt do it. So i went back to the dealer and asked them to repair it which they refused to do. In the meantime I received a check from the insurance company for the intial repairs. They dealership called and asked for the money as well as thretened me for the money and in return asked that they repair my seat and I would gladly hand over the money for the intial repairs.

Ongoing, the dealer now is claiming they will repair it and is working with the insurance company as well. the dealer told me verbally weather or not the insurance would pay they would repair my seat and in return ask I pay for the intial repairs, I replied that I would gladly. The dealer called me today and said they needed to order parts and wanted the loaner back that I was currently driving until the parts arrived. Can they refuse the fix my car once I give the loaner car back and sue me for the money for the intial repairs? Can & should I ask for something in writing stating the verbal agreement?

Thank you for all your help!!

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