A deal is a DEAL....But what if it is verbal and both sides remember differently ?

[Kern Dog]

I'm not one to play "Dear Abby" with my personal problems, but I've got myself in a jam and I'm not sure how to handle it.

In December 2012, I was at a friends house talking and he complained how his car project was getting nowhere. A former buddy started metal replacement where there was rust, then the guy just disappeared off of the face of the earth. I have had mediocre/moderate success with patch panels, bodywork and paint so I told him "If you are still interested in the car, I'd do the body and paint for you.
This is where things get murky.
I just found out recently for certain that he misinterpreted the offer. He interpreted my words for I'll restore the car for you.
Anyone with a brain knows that these two are vastly different things.
I'm not a OEM purist, but to me, to RESTORE, a car, I see this as a complete return to OEM correctness. I'm talking original type engine, original color, original type everything. I do not use the word RESTORE in reference to a car when there are several NON stock changes. Different engine, NON stock color paint, shaving of some trim and emblems, different interior, etc. The word restoration just does not apply here. Still, many people use the word in any instance where a car is fixed up.
In January 2013 I rented a tow dolly on my own dime and dragged the car back here to wait its turn. The guy gave me a bunch of parts that he saved for the project, saying I could sell any leftovers. Some of the stuff was junk but there was some decent stuff too. He gave a motorcycle to one friend, a Valiant to another friend. He gave me a project car and a beat up truck, saying he never goes camping anymore and didn't need the car either.
Fast forward to December 2015. I finally got to the point where I was able to wheel his car in to my workshop to begin work on it. Over the last 3 years, he has made talk of the car project. Subjects of engine rebuilding, wiring upgrades, suspension modifications, etc . This confused me because those things have nothing to do with body & paint. I started thinking that either he was just jabbering about the car OR he was expecting more from me than I offered. As time wore on, I was stressing that he really did think that I offered to do everything on the car at my place. I have had stomach trouble and short temper episodes because of this. On Saturday of this past weekend, I confronted him about it and learned that he really did think I made the offer to "restore" the car.
I keep notebooks on my various cars and such, and I clearly wrote that I offered to paint the car, nowhere in my notebook is any other work mentioned.
I like the guy. He is in his mid 60s and cannot do most of what is required for bring a stripped out car back to life. When he is over here, he spends most of his time talking and standing around. He gets an hours worth of work done in the 5-6 hours that he spends here. I buy cars to fix up and sell for extra money, so a full-boogie rebuild of his car is both NOT what I had planned, and gets in the way of my other projects.
He is sure that he is right. So am I. In the interest of fairness, I offered to compromise. In reality, it was not a compromise of any kind. He wants to get the car running here before taking it back. I'm kicking myself in the *** because not only did he not give an inch on the "compromise", but I seem to be on the hook for far more work than I ever intended. The tasks that he is capable of doing take him 5-6 times longer than anyone else, which prolongs the time that the car takes up space here.
I'd appreciate helpful opinions on this situation. I did make an offer that I am obligated to fulfill. I just wish I had made things crystal clear back in 2012 when the offer was made.

 

[72Fourspeed]

I once heard that "No good deed goes unpunished." Seems appropriate to this deal. I suppose I would have to decide if he was a friend, or an acquaintance. I don't envy you on this at all.

 

[RT SE 440]

tell him to keep that space occupied normally you would be making xx amount of dollars per month that's what happens in your workshop as the mortgage has to be paid or the missus will come down on you

 

[Kern Dog]

He plans on doing what he can on the car. The trouble is, I don't do much car stuff after work in the colder months so most of the work on the car is on weekends. I told him..."With my work schedule and your skill level, a project like this could take 3 years to finish. He had no problem with that..."Thats okay with me, I'm in no hurry." No hurry? No hurry with his time, no hurry with mine either...

 

[khryslerkid]

It's not too late to draw up a contract. I'd tell him that you will take on the body work but he needs to find someone else, not in your shop, to finish the rest. You really need to get things in writing, what ever you decide.

 

[NJRR]

Was the project car and beat up truck "payment" for doing his car? Or is he paying you? what about materials? I think you should be very clear that you offered only paint and bodywork and anything else isn't possible due to your other needs for the space.

 

[ECS]

Just remember that no one can walk all over you unless you are laying down for them. I would hold firm on what you promised and ignore the rest. You know your capabilities better than anyone else and are sure about what you offered. The confusion is his. If it ruins your "friendship" so be it! The one thing I have learned in this Industry is that people will act like they're your Friend to get something and then stab you in the back when opportunity permits. Sad but true. Stand your ground and don't back down.......ever!

 

[Kern Dog]

Was the project car and beat up truck "payment" for doing his car? Or is he paying you? what about materials? I think you should be very clear that you offered only paint and bodywork and anything else isn't possible due to your other needs for the space.

He is paying for all the materials, as he should.
In January when I brought his car here, I also did ALL of the work hauling everything car related part back over here. He barely lifted a finger. I have sold many of the spare parts at swap meets. Below is a picture of the truck.

- - - Updated - - -

The project car wasn't that bad...It just needed body, paint, an engine, brakes and a set of tires. Pretty much a weekend build. :icon_cry:

 

[RT K_line]

It sounds like the other guy who started the project and your friend may have had an agreement to do the whole thing start to finish. You need to let him know that you had no intention of completing his obligation. And that you agreed to help him out with the body work and paint. If you can't get him to understand and agree to what you feel obligated to finish, then you should cut your loses and part ways. It sounds like the gentleman doesn't have a proper plan to complete his project and is taking advantage of your kind offer.
I feel your pain as I am in a similar situation. I have been working on my own project, a 67 Coronet R/T. A buddy of mine has been wanting to paint his car. So I offered to spray the car for him but he was supposed prep the car. It's a small car, an Opel GT, So I've been helping to sand the car with him so I can get back to working on my own project. We got it primered but had to stop there because it got to cold to paint. I don't do this for a living so we painted in his back yard. Sometimes we say one thing and the other person hears what they want or need to hear.
You just need to have a conversation with him so you are on the same page. Good luck

 

[Kern Dog]

I appreciate all the responses, I truly do.
Complicating matters is that the man is the president of our Mopar car club. I am the newsletter editor. To part ways might mean I'd have to leave the club. This isn't such a bad thing though. Sometimes being in a car club means doing a bunch of UNinteresting NON car related stuff I don't give half a **** about!

 

[moparcrazy]

This guy reminds me of a guy that i know who befriends most guys who work on his cars and acts like there long time bud's just too get them to do free or cheap$$ work on his car, even brings in others to his shop to have work done, then telling the builder to knock money off " his " build for bring in that guy, but i also notice he burns a lot of bridge's ! " eventually they see through his B.S "

Tell that Dude Too Beat it !! He Know exactly what hes doing !!

 

[Darius]

I was wondering how this situation was going Greg. It is a hard thing to do but I'm thinking you need to be straight up with him and tell him what YOU said and recorded and you don't have the time or space to do the whole thing. The bottom line is your own well being and peace of mind. If it is already effecting your stomach and temper it is time to dump the pressure and come clean. Again, I know how hard this is, try telling your business partner of 30 years it is time for him to retire when he was not even thinking that way. I was sick for months getting to that.
I hear you on the car club. I like doing the events but I don't have time or head space to get into the other things it takes to keep the club going, so you don't see me at much because I feel like a hypocrite for not being more involved.

 

[Bb70charger500]

I would tell him paint and body will be as you agreed . If he wants you to do the rest that's fine it will cost x per hour or week and if he comes to help x doubles. You just need to be clear if he's any kind of friend he will understand,and I know what you mean about the club I'm the vice-president of out local club and man car shows were much more fun before I joined the club. Now it's free volunteer work all the time . Good luck .if worse comes to worse tell him it needs to go roll it out side and tell him your wife said to make room or something

 

[ECS]

Complicating matters is that the man is the president of our Mopar car club. I am the newsletter editor. To part ways might mean I'd have to leave the club.

Never prostitute yourself for anyone else's flawed agenda. It will get you nowhere.

 

[Cornpatch MO]

It's not too late to draw up a contract. I'd tell him that you will take on the body work but he needs to find someone else, not in your shop, to finish the rest. You really need to get things in writing, what ever you decide.

That is exactly right. no matter how good the friendship. I have a horror story of my own, but it involved about $5000.
If you have not recieved any money, you have to get out of this deal or it will only get worse. Sounds like he is making you the bad guy, so what kind of friend is that?? Graciously back out and avoid a lot of trouble.............................MO

 

[Chargerjase]

The main problem is the misunderstanding. I appreciate that he may be a friend and president of your local club. If he is any sort of friend (or man), then he will accept there has been a misunderstanding allow you to do the body and paint like you originally offered. He might be upset internally, but hell you are doing him a big favor. That car looks like a lot of work. If he does not accept this and tries to guilt you into doing the whole job, then it will only build resentment between the two of you. I would tell him the deal is panel and paint, and if he does not like it then to find somebody else. If you need to leave the club because of this then it sounds like it won't be much of a loss anyway. Good luck with what you decide to do, but don't let it carry on. Tell him now.

 

[GetX'd]

I agree with most of the guys above. One thing no one mentioned is - consideration - to make something a contract, verbal or written, there needs to be consideration or a payment of some kind. If the truck and, or, the junker you received from him was consideration for you doing the work - that's one thing. If not then there's no contract. I'd bail on the whole project to keep things from getting worse. If you can do the body and paint clarify your intentions and see how he responds. If it's negatively than either bail or put things in writing. This sounds like a mess, but may no be as "contract" like as you think.

 

[YY1]

Sorry we couldn't come to an agreement on the amount of free labor I was going to do for you.

I've pushed your car outside, and it's ready for you to pick up.

There's no charge for my time and materials up until this point.

I wish it would have worked out better for both of us.


Problem solved.

 

[Bruzilla]

Best advice I can give is spend another dime, get another hauler, and haul the car back to the owner. Your first mistake wasn't offering to do the P&B, it was compromising on the re-deal. Once he knows you'll compromise, he'll just keep coming back for more and more from you. The best thing to do is get out from under the whole deal and take the car back. He'll get pissed for a while, but he'll know you were right and settle down.

 

[moparnation74]

Best advice I can give is spend another dime, get another hauler, and haul the car back to the owner. Your first mistake wasn't offering to do the P&B, it was compromising on the re-deal. Once he knows you'll compromise, he'll just keep coming back for more and more from you. The best thing to do is get out from under the whole deal and take the car back. He'll get pissed for a while, but he'll know you were right and settle down.

Exactly!

This could be a "nightmare" restoration that will always haunt you......