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Mechanic - legally able to hold car? - Click HERE for Original Thread

Horatio
Do mechanics legally have any right to hold my car when it's in the shop? I had my Civic inspected recently and the mechanic alluded to this a couple of times "there are oil leaks but nothing I'd hold the car for".

Thanks,

Greg
Tik-Tok
Yes, but only for owing them money I believe. They can't keep your car because it's deemed dangerous on the road.
spikers
^^ +1

I remember I took my dad's car to Speedy Brake and muffler. I had replaced the brake pads about 2 months earlier. They were refusing to take the car off the lift because the brakes were worn out. They would not show me, or let me see the car, and wanted to do a brake job. At which point I called the non-emergency line for the police and told them I wanted to report the theft of a car, and I knew where it was. The shop got all scared like and took the car down, and tossed me the keys. I waited for the cops and explained the situation. apparently they got a good talking to about it, and I was told to be on my way.

The only way a mechanic or shop can hold your car is if you owe them money and are refusing to pay.
euro_racer
i am pretty sure they can hold it if it is deemed not safe for the road (example: brakes not working/leaking fluid profusely from brakes etc.). the mechanic would risk loosing his license should he release your car and something were to happen...if you are really desperate and want your car released you could try to get them to agree to make you sign a waiver form
FraserB
mechanic alluded to this a couple of times "there are oil leaks but nothing I'd hold the car for"



I think that when he is saying this he is hinting that there should be some money folded up in the passing paprwork.:D

Tik-Tok
Originally posted by euro_racer
i am pretty sure they can hold it if it is deemed not safe for the road (example: brakes not working/leaking fluid profusely from brakes etc.). the mechanic would risk loosing his license should he release your car and something were to happen...if you are really desperate and want your car released you could try to get them to agree to make you sign a waiver form



Uh, no, and no. Why would a mechanic lose his license because you brought your car in with shitty brakes, and left with shitty brakes, when he didn't touch them?

spikers
a mechanic does not have the right to seize property. Period. If a vehicle is registered and insured, it is legal for the road. If an accident happens because of bad brakes or whatever, the driver / owner can be charged with failing to maintain a vehicle or whatever.

A mechanic will not lose his license for that.

Myth busted!
D'z Nutz
Originally posted by euro_racer
i am pretty sure they can hold it if it is deemed not safe for the road (example: brakes not working/leaking fluid profusely from brakes etc.). the mechanic would risk loosing his license should he release your car and something were to happen...



Yeah, doesn't everyone know mechanics have a strict code of morals and ethics they are all obligated to adhere to? :rofl:

Twin_Cam_Turbo
A tech or shop can not hold a car if it is unsafe. The most they can do is call the police and say hey this car is leaving my shop at such and such a time this is the license plate, it is unsafe. The police can then choose if they want to try and pull the vehicle over.
jdmXSI
Originally posted by spikers
^^ +1

I remember I took my dad's car to Speedy Brake and muffler. I had replaced the brake pads about 2 months earlier. They were refusing to take the car off the lift because the brakes were worn out. They would not show me, or let me see the car, and wanted to do a brake job. At which point I called the non-emergency line for the police and told them I wanted to report the theft of a car, and I knew where it was. The shop got all scared like and took the car down, and tossed me the keys. I waited for the cops and explained the situation. apparently they got a good talking to about it, and I was told to be on my way.

The only way a mechanic or shop can hold your car is if you owe them money and are refusing to pay.



+1 and you are correct, i believe the correct term is a garage keepers lein.

here is the government of AB's web site http://www.qp.alberta.ca/documents/Acts/G02.pdf and that should give you all the info needed.

Rat Fink
Can hold a car until the bill is paid. It happens daily. Call the cops if the car is unsafe and they come and deal with it. I have only called the cops twice, once was when a car started folding in half while lifting due to a rusted frame!
Traffic_Cop
If you have any issues with the shop, call AMVIC.
euro_racer
Hmm I guess my statement was wrong and I was had by shaw gmc when they held one of my cars for a leaking caliper.
syritis
in other provinces shops are allowed to with hold unsafe cars. not alberta.

I remember reading an article about this years ago when a shop was making more money from selling abandoned cars to wreckers then from the repairs they actually did.

6 one way half a dozen the other.

alberta = mechanics watching unsafe cars leave the shop.
other provinces = cars being repaired by backyard mechanics to avoid being held by shops.
syritis
in other provinces shops are allowed to with hold unsafe cars. not alberta.

I remember reading an article about this years ago when a shop was making more money from selling abandoned cars to wreckers then from the repairs they actually did.

6 one way half a dozen the other.

alberta = mechanics watching unsafe cars leave the shop.
other provinces = cars being repaired by backyard mechanics to avoid being held by shops.

i also have video of a prank call (not a typo) of some radio station having some girl agreeing to pay like $10K of bogus repairs. like replacing the entire roof because the sun visor was loose.



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