Service Department Wants Customer to Pay for a Part from a Canceled Repair

[gamecock6162]

My question involves a consumer law issue in the State of: South Carolina
My car broke down when I was out of town. My ins paid for the towing to local dealership. I was told the part the car needed was on back order and no other dealers had one available. The General Manager told me the car was not worth anything to him (as far as buying) and suggested that I donate to a charity. Manager called the next morning to say that he was 80% sure he could get the part. I told him no I had already contacted a charity and did not want to repair the car.

One week later I get a phone call from the Service Dept telling me the part was in. I told him that I never agreed to fix the car or order the part. They want me to pay $200 for the cost of the part. Am I liable for the cost of this part? Thank you for responding with information.

[QuiXotiC]

Did you sign anything?

[gamecock6162]

No. There was no signing of any paperwork.

[Mr. Knowitall]

I have found several legislative efforts to add to South Carolina's laws a clear requirement for written estimates by auto repair shops, or for what a repair shop must do before proceeding with an estimated repair, but it appears that the efforts to pass such laws have failed. That puts South Carolina consumers in a weak position, as compared to consumers in most other states.

If the general manager called you to tell you that they had not yet located the part, and you told him at that time that you were not going to proceed with the repair, then that should ordinarily be the end of the story. If you had previously indicated that you wanted the repair to be performed, and the part order was successfully placed prior to your discussion with the manager but had not yet been brought to their attention, they might have an argument for your paying for the part or the restocking fee from the vendor (if the order could be canceled and such a fee applied).

Given the passage of a week, it seems more likely that your discussion with the manager was not properly communicated to whomever was ordering the part, and that the part was not ordered until after the repair was canceled.

[gamecock6162]

Thank you