May an auto mechanic charge 50% over his original work order estimate? Is there a limit he may charge over the final work order?

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Motor Vehicle Repair” includes maintenance and diagnostic work incident thereto. Section 559.903(9). A written repair estimate must generally be prepared before effecting any diagnostic work or repair which will exceed $100 to the customer. Section 559.905(1). Unless the customer has waived the requirement of a written estimate for repairs, the repair shop must reference a price and obtain written authorization from the customer. See Section 559.909(2). There are two situations wherein a customer may make an implied partial waiver of the written estimate for diagnostic work: a. If the customer leaves her or his motor vehicle at a motor vehicle repair shop during hours when the shop is not open or b. if the customer permits the shop or another person to deliver the motor vehicle to the shop, there shall be an implied partial waiver of the written estimate for diagnostic work; however, upon completion of diagnostic work necessary to estimate the cost of the repair, the shop shall notify the customer as required in Section 559.909(1) [i.e., the customer shall be promptly notified by telephone, mail, or other means of the additional repair work and estimated cost thereof. A customer so notified shall, orally or in writing, authorize, modify, or cancel the order for repair]. There are consequences if the repair shop did not follow the law in this regard. DMV is the agency that is supposed to oversee some enforcement but usually attorneys must get involved. If the repair estimate was given in writing (or one of the exceptions occur), then It shall be unlawful for any repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section [i.e., exceeding the written estimate by more than $10 or 10 percent, whichever is greater, but not to exceed $50, and not obtaining proper authorization by telephone, mail or similar means. See Section 559.909(4). If this information is helpful, please note it as such and don't forget to check out other consumer protection articles at http://fortheconsumer.com/articles.htm Steven M. Fahlgren Attorney, Arbitrator and Certified Circuit Civil Mediator Law Offices of Steven M. Fahlgren, P.A. 552382 U.S. Highway 1 North Hilliard, FL 32046 Phone: (904) 845-2255 Fax: (800) 973-2134 www.fortheconsumer.com www.Fahlgrenlaw.com www.stevefahlgren.com Offices in Jacksonville and Orlando by appointment only

Attorney Answers

3
Ronald Burdge ·
To avoid this problem in the future, don't settle for the word "a little" when they quote you a price. What they think is a little may not be what you think is a little and definitely isn't what Donald Trump may think a little is. Pin them down to a guaranteed maximum charge or don't let them go forward with the work. Try to always get it in writing too. If you drive down to the shop and make them explain what is involved, it will help to clarify and pin down the actual number that you can expect to be faced with paying later. Best of all, you can insist on getting it in writing. Even a number written on the back of business card is better than a telephone quote that can disappear as fast as the phone hangs up. If you stop payment on the check now, they may threaten you with a theft by deception charge or a bad check charge, depending on your state laws, so you have to be careful. Thanks for asking and good luck.
0 upvotes
Steven Fahlgren 444934.Html ·
Motor Vehicle Repair” includes maintenance and diagnostic work incident thereto. Section 559.903(9). A written repair estimate must generally be prepared before effecting any diagnostic work or repair which will exceed $100 to the customer. Section 559.905(1). Unless the customer has waived the requirement of a written estimate for repairs, the repair shop must reference a price and obtain written authorization from the customer. See Section 559.909(2). There are two situations wherein a customer may make an implied partial waiver of the written estimate for diagnostic work: a. If the customer leaves her or his motor vehicle at a motor vehicle repair shop during hours when the shop is not open or b. if the customer permits the shop or another person to deliver the motor vehicle to the shop, there shall be an implied partial waiver of the written estimate for diagnostic work; however, upon completion of diagnostic work necessary to estimate the cost of the repair, the shop shall notify the customer as required in Section 559.909(1) [i.e., the customer shall be promptly notified by telephone, mail, or other means of the additional repair work and estimated cost thereof. A customer so notified shall, orally or in writing, authorize, modify, or cancel the order for repair]. There are consequences if the repair shop did not follow the law in this regard. DMV is the agency that is supposed to oversee some enforcement but usually attorneys must get involved. If the repair estimate was given in writing (or one of the exceptions occur), then It shall be unlawful for any repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section [i.e., exceeding the written estimate by more than $10 or 10 percent, whichever is greater, but not to exceed $50, and not obtaining proper authorization by telephone, mail or similar means. See Section 559.909(4). If this information is helpful, please note it as such and don't forget to check out other consumer protection articles at http://fortheconsumer.com/articles.htm Steven M. Fahlgren Attorney, Arbitrator and Certified Circuit Civil Mediator Law Offices of Steven M. Fahlgren, P.A. 552382 U.S. Highway 1 North Hilliard, FL 32046 Phone: (904) 845-2255 Fax: (800) 973-2134 www.fortheconsumer.com www.Fahlgrenlaw.com www.stevefahlgren.com Offices in Jacksonville and Orlando by appointment only
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Scott Kaufman ·
Typically, they can charge a LOT more IF you agree to it. If you do not agree, they should not go forward and do the additional work for the additional charge. If the additional fee is for NO additional work, that is a major concern.
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