Legal Question in Consumer Law in Virginia

Re: Car Repair Crook

The Virginia Auto Repair Facilities Act states that if you asked for a written estimate, and they didn't give you one, or if they gave you one and the amount charged exceeded the estimate by more than 10%, then you've got a cause of action against them under the Virginia Consumer Protection Act. You can get up to three times your actual damages and reimbursement of "reasonable attorneys' fees". If you didn't ask for a written estimate, then you're in a really gray area - on the one hand, you could claim that the contract you had with the technician was "you fix, I pay $1400", but they fixed and charged more: breach of contract; they'll counter with a legal theory called, "quantum valebant" which means, "as much as it's worth" - an equitable principal that allows someone to recover the reasonable value of his services regardless of the contract. Here's the kicker - they've got people who can testify as expert witnesses, and unless your brother is a certified automotive repair technician, you probably don't (and won't be able to get one, either).

This is a go for broke situation with respect to the car - no attempt at a middle course is reasonable - if you compromise on the amount you pay, you give up all right to litigate. You should either pay the money and get your car back and then file suit, or pay him the contract price and demand your car back and when he doesn't return it, go out and rent a car and file suit, including the cost of the rented car. My recommendation is the former - you have a duty to mitigate your damages.

You probably have grounds for a suit against the garage anyway under the Virginia Consumer Protection Act: Va. Code section 59.1-200(14) prohibits any act that is in any way false, fraudulent, deceptive, or misleading. That said, and on the assumption that you didn't ask for a written estimate, you might consider that you just got an expensive lesson: always get it in writing. Also, ask to have the parts replaced returned to you - failure to do so is also a violation.

Re: Car Repair Crook

Before you consider taking any kind of legal action or even involve the BBB, you should take

whatever work authorization record(s) you may have(even if it's only your hand-scribbled notes of what you authorized), and proceed with a manifest determination down to see the repair shop manager

in person where you will find out exactly how much those "few extra hoses" actually cost or whatever the parts and/or labor were that caused the total price to jump to $2900.00

If what you are then told by the repair shop manager still does not accord with your reasoning and/or your innate sense of fairness , then make very clear to him the steps that you're prepared to take in order to retrieve the loss which you believe you will incur if you pay him whatever he's demanding for the return of your vehicle.