Importance of Choosing The Right Restoration Shop
Recently we were reminded, by an Ohio Court of Appeals, of the importance of selecting the proper restoration shop when it comes time to have repairs made to your classic car. The case reminded us that restoration facilities are not always as they seem and not all are ethical, forthright and honest in their practices and actions.
The case of State of Ohio v. Keith Shellhouse, 2014-Ohio-1823 which was decided on April 23, 2014 is very illustrative of the need to vet the restoration shop you are considering before dropping off your car, parts and most importantly, money. In the aforementioned case, Keith Shellhouse owner of Independent Autobody and Pro Restorations in Richland County, Ohio, was found guilty by a jury and the Court of Appeals affirmed the jury’s verdict. The case reports that in one instance a 1967 Ford Mustang was brought to Shellhouse’s restoration shop in Richland County, Ohio for repair. Mr. Shellhouse, it was alleged, then sold the vehicle without the owner’s authorization to do so. Mr. Shellhouse sent notice of the sale to an address in Michigan when he knew that the owner resided in Florida. The appellate court also noted that multiple witnesses testified as to Mr. Shellhouses’s pattern of conduct of accepting cars for repair with their owners’ money and then failed to do the working, sometimes failing to even return the cars. Mr. Shellhouse was also found guilty of tampering with motor vehicle records, a felony of the third degree. Keith Shellhouse was sentenced to four years in jail for his actions.
When you are in searching for a restoration shop, do not go by advertisements and discussions with the shop alone. If you are considering sending your vehicle to a restoration shop the following items (at a minimum) should be considered:
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Visit the shop, in person (then visit another shop (or several) for comparisons)
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Speak with customers of the shop (current and past) (if the shop won’t give out customer’s names to speak with that is an immediate red flag)
- Demand a written restoration contract including a detailed scope of work, payment terms, set price or hourly estimates not to be exceeded without prior written change order authorizations signed by both the shop and you the owner. The contract should have a start date and a completion date. The contract should also require that the shop document the restoration with photographs (time-stamped, preferably) and provide them to you with written updates on a specific interval basis.
In the end having your car restored should be an enjoyable experience, not one wrought with fear that you will never see your car or money again. Most restoration shops are on the up and up and you will have nothing to worry about. Your best insurance however is a firm written car restoration contract.
Bryan W. Shook, Esquire is an attorney in Camp Hill, Pennsylvania who is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping collectors and hobbyists protect their automotive investments. Bryan Shook represents some of the most notable automotive restorers in the world and has been responsible for litigating and resolving some of the leading antique automobile cases in the United States. Attorney Shook is available to consult with you or your restoration shop concerning any aspect of automotive or Pennsylvania business law. If you own an old car restoration shop, are you in compliance with all of the consumer protection statutes, including the Pennsylvania Auto Industry Trade Regulations, the Lanham Act and the FTC regulations? If you have any questions regarding compliance or wish to have a restoration contract drafted or reviewed, please do not hesitate to contact Attorney Bryan W. Shook. Bryan Shook can be reached at his Office at 717-884-9010 or by email at bshook@shooklegal.com.
The Dirty Side of the Hobby – Fake Pedigree & Provenance
Forgeries and fakes have long been the scourge of the collector car hobby. This practice has continued thanks to many “entrepreneurs” who have established businesses selling “reproduction” tags and paperwork for older vehicles. Reproduction however would imply that it is a replica of the original but actually the term “reproduction” in this sense usually means counterfeit.
In the Corvette, Chevelle and Camaro market “aged” build sheets or tank sheets, made to order, to your specifications, have long been available. The number of counterfeiters who forge historical vehicle documents and paperwork is very concerning. Sham documents have been openly advertised for nearly two decades in Hemmings Motor News, eBay, Craigslist and on the internet. Some of this fake paperwork is so doctored that it actually smells old or in the case of Corvette tank sheets like gasoline. Of course if you interview any of the outfits that create these items you would quickly be told that they are novelty items. All too often, however, people are deceived by the very existence of this fake paperwork and lulled into a sense of security when viewing such a vehicle which may be for sale under the mistaken guise that it has pedigree and provenance, to wit, the counterfeit documentation.
An additional problem is that of “air cars” (cars created from “thin air” with nothing more than a VIN). With counterfeit documents, air cars are immediately given credence and pedigree. In additional to fake window stickers, build sheets, FMVSS stickers, Corvette Order Copy (“Tank Sticker”) there are also forgers out there that make new VIN tags, cowl tags, trim tags and others that offer the proper rivets or screws to affix the fake tags.
One method of outing some of the fakes in the hobby has been recently introduced. A service of the National Corvette Restorer’s Society (NCRS) which tells owners when their cars were built and where they were delivered new has the potential for exposing several fraudulently presented classic Chevys. With the information provided by the NCRS, hobbyists will be able to verify their car’s paperwork, VIN number and cowl/trim tag to make sure that it all connects properly.
With the “birthday” of a car known, you can make sure that the VIN is consistent with that month of production and that the engine production stamping precedes the cars build date. Also with this information, you can determine if the assembly week code on the trim tag is consistent with the date given by the NCRS. Finally, if the vehicle has “paperwork” or a window sticker (or build sheet) the dealership should match that or be reasonably close in vicinity (e.g. same zone — dealer trades) to the dealership provided by the NCRS. If any of this information does not match or if the birthday of the car does not correlate to the VIN, engine stamping or cowl tag, then you have major problems. If the information does not match, it is wise to investigate the car carefully and, if necessary, hire and expert to examine the vehicle for signs of further molestation and restamping.
If you find that the vehicle you own is a clone or has doctored paperwork, a tampered VIN, restamped engine, transmission or replacement VIN tag, cowl tag or trim tag, you should immediately contact an attorney to learn about your legal rights and what recourse and options you may have.
Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in Camp Hill, Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com or by phone at 717-884-9010. More information can be found at Http://www.vintagecarlaw.com.
Original Dealer Data Availible from NCRS
http://www.chevymuscledocs.com is now live. With permission granted by the General Motors Heritage Center, the National Corvette Restorers Society (NCRS) is now offering owners of 1965 through 1972 Chevrolet Camaro, Nova and Chevelle the opportunity to discover the exact date that their car was built (i.e. the cars birthday) and the dealer to which it was originally delivered. This is not necessarily the selling dealer as dealer trades were common in the 1960s. The NCRS is hopeful that the release of this information will lead to owners discovering new information and history regarding their cars. This is a great thing for the hobby. The NCRS and the GM Heritage Center should be applauded for their efforts in presenting and opening this information to the hobby.
Attorney Bryan W. Shook is not only a devoted automotive enthusiast, but is also an experience litigator who devotes a large portion of his law practice to helping other collectors and hobbyists understand today’s market and protect their automotive investments. Attorney Bryan W. Shook is a seasoned automotive collector and restorer and as such brings real world experience and firsthand knowledge to the table for his clients throughout the world. Although Bryan Shook is headquartered in central Pennsylvania (close proximity to Carlisle and Hershey), Attorney Bryan Shook is available anywhere for consultation, advice, and information, most times, on as short as a day’s notice. If you’d like more information about this topic or would like to speak with Attorney Bryan W. Shook please email him at BShook@shooklegal.com or by phone at 717-884-9010. More information can be found at Http://www.vintagecarlaw.com.
