Legal Issues

by **Rath** » 2 Jul 2005 14:05

Hello,
I am just starting my own auto opening buisness and have been wracking my brain trying to come up with a waver that is legal and will hold up in court if it should ever come to that. So i figured i would ask you all for some help, any stories or advice would help tremendously.

So far i have come up with is to take a picture of the licence plate, get the vin # and the drivers licence. As soon as i get somthig put togeather i will take it to an attorney just to be 100% sure.

Thank you in advance

by **Chrispy** » 2 Jul 2005 16:47

I'd also include something to do with the car registration. Even you seeing it and making sure it matches the license plate and drivers license information, then have a section on the waiver that states you have viewed the registration and it matched. Photocopying a document when you're on a job isn't very practical :roll:

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by **Sonodora** » 2 Jul 2005 16:56

Chrispy wrote:I'd also include something to do with the car registration. Even you seeing it and making sure it matches the license plate and drivers license information, then have a section on the waiver that states you have viewed the registration and it matched. Photocopying a document when you're on a job isn't very practical .

A little digital camera makes a wonderful portable photocopier. It also allows one to record details about the work (locks, keys, mounting, construction details, etc.) as well as people, license plates and lots of other stuff.

by **Chrispy** » 2 Jul 2005 17:07

True, just a decent one with high pixels I suppose.

by **Rath** » 2 Jul 2005 18:10

Thank you for the advice, so as far as the waver itself is there any thing i should definitely have on it? I really dont have much expierence in this area

by **Chrispy** » 2 Jul 2005 18:29

Basically it should have two things that would make it sound to fall back on legally.

1) A declaration on the part of the client stating that they are the legal owner of the property (in this case, the car) OR have lawful authority over the car (eg. the manager of a large firm, where the car belongs to the firm but the manager has authority over it), and for the client to provide as much information about themselves as possible. Name, address, phone number, place of employment, drivers license number, etc.

1a) Included in the declaration, the time, date and location of the service.

eg. ....on the 1st July, 2005, at Rath's Locksmiths, 123 Place Street, Suburb, declare that I am the legal owner of..... and contract the service of..... to gain access to..... for purposes of.....)

2) A disclaimer from yourself stating that you were satisified with the evidence of ownership provided by the client, are not responsible for any repercussions from fraudulent documentation or activity provided by the "client" in the course of your service and were acting under good faith.

The waiver will obviously include other information, but these are the two things that will prevent you from getting screwed.

Taking it to a lawyer is a VERY good idea, as this information might differ from country to country and not apply where you live.

Hope this helps.

by **Rath** » 2 Jul 2005 20:24

That helps alot! Thank you, I have a paragraph or so done now. I plan to check out some of the laws in the library so i compleatly understand what will get me in troubble and what i can do to avoid ending up in court.

by **Chrispy** » 2 Jul 2005 20:29

When in doubt, apologise and refuse service. Or direct to another serviceman. Missing out on $40 or paying $700+ for a lawyer? :wink:

by **Rath** » 2 Jul 2005 21:02

No kidding thats what i say... thats why im trying to cover my ASSets :wink:

by **Sonodora** » 2 Jul 2005 21:32

Chrispy wrote:True, just a decent one with high pixels I suppose.

Doesn't take much. A 2 or 3 megapixel camera will do fine, and they are pretty cheap these days. I've used an old 2 MP camera to copy scads of documents... the docs are easily readable on screen, and print fine too. It's about like scanning a sheet of letter paper at about 150 dpi, if my math is correct. Not beautiful, but quite readable.

I use them to copy flip charts at meetings, business cards when there aren't enough to go around for everybody, to take pics of construction/work places I can't get my eyes into easily, carry pics of projects to the hardware store so somebody can tell me exactly what I need to get, and (for me) a real biggie - taking pics of how I took that hardware apart, so I might be able to get it put back together again....

and, of course, to record people and places such as at lockout work....

I'm thinking that the average crook would be a little antsy about getting their picture taken as a prerequisite for opening "their" car or house...

Here's a link:

http://dpfwiw.com/novel.htm

by **Chrispy** » 2 Jul 2005 21:52

I'm thinking that the average crook would be a little antsy about getting their picture taken as a prerequisite for opening "their" car or house...

"Okay, I'll just need to take your picture to add to your file and then I'll open 'er up."

"Err...uh...oh, a picture? Uhhh... you know what, I think I'll wait for my....wife.... to get home. Yeah.... don't worry about it. Thanks anyway. Bye"

:lol:

by **Rath** » 3 Jul 2005 10:51

At first i thought to do the same thing take a picture of them, but then i got to thinking if i can get ahold of there drivers licence and some other proof that the car belongs to them it is good enouf for me. And if it dosent feel right i will refer them to some one else :wink:

thanks for that camera site that is a useful page, it gave me ideas for my other projects as well

Legal Issues

Legal Issues

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