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Do I Need an Attorney to Create an Automobile Service Agreement?

If you don’t have a factory warranty on your car and you don’t want to take a chance with a bogus Extended Warranty, it’s possible to do it yourself (although you should consult an attorney if you’re  not comfortable with the idea).  There are 5 basic parts that have to be covered in this type of agreement.  They are:

  1. The identification of the parties involved in the agreement.
  2. A description of the services to be performed.
  3. The dates the services are to be performed.
  4. Any conditions or limitations placed on either party.
  5. Terms of payment.

The Identification of Parties is just who’s buying the service and who’s selling it.  The service been provided in this case is whatever maintenance and/or repair services the customer and the provider agree on.  Dates of service can be monthly, annually, or whatever is negotiated.  Conditions or limitations means whatever either party can’t do or what type of repairs or maintenance isn’t covered.  Payment terms obviously means on what basis the provider will be paid (monthly, semi-annually, annually or whatever is agreed to).

It’s important to have a competent, reliable, and trustworthy mechanic to work with.  If you don’t already have one, get some referrals from people you trust.  Believe it or not, good honest mechanics are out there, and it’s important that you have one for this process to work.  You may have an easier time talking to a self-employed mechanic with a small operation.

The most important thing to remember is to make sure the 5 basic parts are thoroughly covered in writing. You can pretty much have whatever level of coverage you and your mechanic agree to (and you are willing to pay for).  Because you’re cutting out the middle man (the Warranty company), and dealing with a mechanic you know and trust, you can usually get the level of coverage you want for a nicely discounted rate.

Is This a Real contract?

Both you and your mechanic have to understand that this a legal agreement that you both must adhere to.  For that reason, avoid fly-by-night mechanics who don’t take the agreement seriously.

Putting a contract together is pretty easy.  You can get sample forms online and fill in the blanks rather than try to create a form from scratch.  You can always bite the bullet and pay an attorney to put an agreement together for you.


Whichever route you take, you want to eliminate the Extended Warranty trap with an Automobile Service Agreement that you control.

Get your copy of our new eBook here and learn the easy steps to affordable car repair and maintenance without a warranty!

 

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Young girl with sheets of paper in her hands

How to Create Your Own Service Agreement

Before you start putting your own Automobile Service Agreement together, you’re going to need a few things.  The first is a reliable and trustworthy mechanic (yes, they do exist). The whole point of a service warranty or agreement is that the provider actually provides the service agreed upon.  That means you have to deal with someone you know and trust.

If you’ve been driving for a while (especially older cars that need work often) you probably already have a mechanic who’s work is reliable and affordable (the reason you’re creating your own vehicle service agreement).  If you don’t, get some referrals from people you know and trust.  This process works best with mechanics with small shops (maybe even a one-man operation), however, you want to avoid fly-by-night mechanics.  Remember, the key word when dealing with a mechanic is reliable.

Next, you need to know exactly what services you want and will pay for.  Are you looking for Bumper-to-Bumper coverage or merely a scheduled maintenance program?   How about things not normally covered in typical Extended Warranties like tune-ups and oil changes?  You can pretty much negotiate whatever you want, as long as your mechanic agrees to it, and you’re willing to pay for it.

You (and your mechanic) need to decide how parts will be covered (who pays for replacement parts, hoses, oils, etc.), as well as what’s not covered by the agreement at all.  All this will take some honest discussion, which is another reason you need to have a mechanic you know and can talk to.  You also have to agree on how and when the mechanic will be paid.

There are things mechanics typically will not want to include in an agreement, so make sure this is understood and agreed to.   In fact make sure you have a good understanding of everything that’s expected from both you and your mechanic.

What Should Be Included in a Service Agreement?

Once you and your mechanic have fleshed out an agreement, it’s time to put it all in writing .

As far as a the actual Service Agreement is concerned, there are five basic parts to a Contract to Purchase Services.  They are:

1.  Identification of the parties involved in the agreement                     

2. Description of the services to be performed (The Service Level Agreement)

3. Dates the service(s) are to be performed

4. Conditions or Limitations 

5. Payment Terms

How do you actually put this agreement together? Why would a mechanic agree to a Service Agreement?

We’ll cover that in Part 3.

Get your copy of our new eBook here and learn the easy steps to affordable car repair and maintenance without a warranty!


Click this banner for your Free Do-it-Yourself Service Agreement.


Woman with Car Trouble and No WarrantyDid you know the Extended Auto Warranty on your car really isn’t a warranty at all?

A real auto warranty is a guarantee given to the purchaser by the manufacturer of the car.  It states that the car is reliable and free from known defects and that the seller will repair or replace defective parts under certain conditions.  These repairs or replacements are usually at no cost to the buyer and the Guarantee itself is often included in the purchase price.

What i a Service Agreement?

An extended warranty always costs extra and is really just a Service Agreement.  Service Agreements cover repairs and/or maintenance on a car after the Manufacturer’s Warranty expires.  It guarantees nothing.  It’s called a  Third-Party Warranty because they’re sold by middle men with no skin in the game at all.

Most of these third-party providers are scam artists, engaging in deceptive, high-pressure sales practices.  Promises of Bumper-to-Bumper coverage vanish into thin air as soon as the customer tries to use the warranty. These companies often give you the run-around to keep from covering a needed part. Often the dealer who sold the car controls the so-called warranty and which repair shops the covered car can be taken too.  These mechanics will often install cheap or inferior parts at the direction of the dealer.

Many Warranty companies go out of business after a short time and leave their customers without coverage, costing them hundreds of dollars.  USA.gov recently released consumer protection alerts advising buyers to be wary of these types of providers.  You can see them here.

How to Check Your Warranty Company

It should be said that there are some reputable Third-Party Extended Warranty providers, but not many.  Buyers should check the Service Contract Industry Council (SCIC) membership page and the Better Business Bureau for complaints against the company they’re thinking of using.

How to Get Around The Extended Auto Warranty

So, if your hoopty isn’t covered by a manufacturer’s warranty and you don’t want to roll the dice with a third-party provider, what are your options?  Why not lose the middle man and create an auto services agreement that covers your car repair and scheduled maintenance, saves you money, and is under your control?

We’ll discuss how in Part 2.

Get your copy of our new eBook here and learn the easy steps to affordable car repair and maintenance without a warranty!

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