Can a repair shop renew it's license w/ Bureau of Automotive Repair if it has complaints? Will delinquent status benefit my case

Asked over 1 year ago - San Jose, CA

Recently (on 12/8/2012) I was taken advantage of by an automotive repair shop. (they charged me for a service/parts and labor that did not fix the problem, and they determined after I returned it, that they could not diagnose or fix the car. The shop manager/owner refused any refund full or partial. I filed a Bureau of Automotive Repair complaint, and noticed that the repair shop's license is delinquent. It expired on 1/31/2013. My question is, will the Bureau of Automotive Repair representative look at the repair shop's license status and have more luck retrieving my lost money? does the shops delinquent license have any benefit on my case? Such as, could the unresolved complaint prevent the shop from renewing their license? should I mention the delinquent license to my BAR rep?

Attorney answers (2)

  1. Scott Richard Kaufman

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . BAR has been quite active, which is a nice change from most state agencies. Still, I've found they do not help you "collect" your money, they will issue findings and recommendations and ultimately, if there are a lot of complaints against one actor, they may indeed strip them of their license but, they will not be active in getting you a refund per se. The status of the operator's license CAN help you in litigation as if they were "delinquent" which I would "hope" is suspended, then you may have a claim that they had no right to even do the work and you would be entitled to a full refund even if they did it right! Feel free to get in touch with my office in Santa Clara. We handle these matters statewide.

    http://www.CaLemons.com

  2. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Tell the BAR investigator everything. S/he will know what to do with the info. Let the process unfold. It takes a bit of time.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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