Right of retention, what is it?

Right of retention, what is it?


In certain special cases, a mechanic can apply his right of retention and refuse to return your car. We explain to you.

Generally, when you drop off a car in a garage have it repaired, we expect to get it back a few days later, without incident. Except that sometimes, everything does not go as planned, and the mechanic refuses to return your vehicle to you. The reason ? You haven’t paid the full bill. Well know that the professional is completely authorized to do so, since he then applies his right of retention. Provided by the articles 1948 and 2286 of the Civil Code, the latter authorizes a mechanic to keep a vehicle if payment has not been made in full by the customer.

Law and disputes

But be careful, because there are very precise rules to be able to apply this right of retention on a car. Indeed, to do this, the mechanic must be in possession of a precise and complete estimate, signed by the customer. The agreement of the latter must then be express and unequivocal on the services provided. In this case, the professional can then keep the vehicle until the invoice has been paid in full.

If you think you are within your rights as a client, then you will have to go to the judge to have him issue an order obliging the mechanic to return your car. You can also send a letter of formal notice.

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