[Fredslist] Re: auto mechanic laws/ethics-Answers
IrisWolinsky at aol.com
IrisWolinsky at aol.com
Thu Aug 16 23:22:28 EDT 2007
Someone asked me to share what I found out.
I got just one reply and then learned some more on my own. Both follow:
Reply: "Not sure of the answers to either question but when faced with
stuff like this, i would recommend that you contact the State AG Consumer Frauds
Bureau and Dept of Taxation and Finance for answers. They are the source and
may very well have the answers to your questions posted on their FAQ's.
FYI - the State Consumer Frauds bureau is based downtown at 120 Broadway on
the 8th Fl. - (212) 416-8240.
State Tax Enforcement (who is probably the best division to put your
question to) can be reached at (212) 457-9692."
I've not called these numbers yet because it was after 5 pm when I got
them.
Further Info: Another mechanic I spoke to about the whole situation
confirmed they are required to charge tax on labor per NY State law. He also
said the customer should be told in advance of any charges to diagnose a
problem, but indicated there can be a gray area if you haven't signed anything,
because these conversations and authorizations can take place over the phone.
In my case I'd had car towed in and told them by phone I was having a clutch
problem; they never advised of fee for labor to check it out.
In the end I'm having them do the 20% portion which they're fine with,
with their caveat the other 80% may also be needed and I could get shut down on
the road, but they understand my approach since the rest may be fine. I was
advised not to drive too far (like over 100 miles away) over the next few
weeks to see how it goes; between the lines I read there's a good chance all
else is fine and if not it would show up sooner rather than later.
I decided not to dispute the check out fee for various reasons, one of
which was we were all in the dark until this morning as to whether any of this
work was done by the prior owner, and if not it was definitely time to do
it, and we spent a lot of time this week analyzing it all.
Hope that helps.
Iris
Iris Wolinsky
Attorney Arbitrator Mediator
227 Riverside Drive
New York, NY 10025
(212) 865-0505 Tel & Fax
(917) 716-7690 Cell
iriswolinsky at aol.com
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