Can a person that is not certified to do a job and advises people he is not certified be sued for performing said job improperly?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a person that is not certified to do a job and advises people he is not certified be sued for performing said job improperly?

I paint cars as an amateur and tell everyone that I am not certified and do amateur work on paint jobs from my garage. If someone pays me to do an amateur paint job on their vehicle and they do not like it, can they sue me and win? I only charge like $600, most of which goes to materials.

Asked on February 26, 2012 under Business Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The first thing you must do is check to see if the work you perform requires you to be licensed or certified by the State of Michigan. If painting cars require you to be certified or licensed, then by Michigan Law, your work in this area could possibly subject you to criminal prosecution, similiar to a person who holds them self out to be an unlicensed contractor or builder. My advice is to 1) Check with the State of Michigan to determine if you are required to be licensed in your area; 2) If so, then get licensed; 3) If not, then write up a contract for each client detailing that you are not licensed and an amatuer in your area, not a professional, and that per your contract you do not hold yourself out to be a professional. If you need more information on how to do this, please contact me. Thanks.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption