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.
