AUTOMOTIVE REPAIR RIGHTS
A Summary of Florida ’ s Motor Vehicle Repair Act
We have all likely experienced that dreaded moment when our car breaks down . Perhaps we were too busy and ignored the subtle warning noises – the unexplained squeaks , rattles , hissings , knocks , and rhythmic clunking of a vehicle in distress . The inconvenience arrives at the most inopportune time . We need to get it diagnosed and fixed quickly at the automotive repair shop . But can we trust our mechanic ? Are we destined to an endless money pit of repairs ? Opening the hood , you can almost hear the evil laugh bellowing – Bwahaha ! As a consumer , we need honest answers about our options and knowledge of our legal rights .
In Florida , the Department of Agriculture and Consumer Services (“ Department ”) regulates motor vehicle repair shops under the Florida Motor Vehicle Repair Act , Florida Statute § 559.901 et seq . A motor vehicle repair shop (“ repair shop ”) must be registered with the Department . F . S . § 559.904 . A sign must be posted in a conspicuous place notifying customers of the Department ’ s toll-free telephone number ( 800-HELP-FLA ) and informing that all replaced parts may be returned or inspected upon request . F . S . § 559.916 .
If the repair work will exceed $ 100 to the customer , the repair shop must provide a written repair estimate detailing the estimated cost of repairs , including diagnostic charges , before conducting any work . F . S . § 559.905 . In addition to basic contact and vehicle information , the estimate shall include : the proposed completion date ; a description of the customer ’ s problem or request for repair work or service ; the method of labor charges ( e . g ., hourly or flat rate ); the total estimated cost of repair including any shop supplies or waste removal ; the terms of any parts and service guarantee ; and the daily storage rate after three ( 3 ) working days of completion . When a customer authorizes repairs up to a specific dollar amount , the repair shop cannot exceed that amount without the customer ’ s oral or written approval . A repair shop cannot require a customer to waive the right to a written repair estimate . If the vehicle is left at the repair shop after hours , there is an implied partial waiver of the written estimate until completion of diagnostic work necessary to estimate the cost of repairs .
When a customer authorizes repairs up to a specific dollar amount , the repair shop cannot exceed that amount without the customer ’ s oral or written approval .
The repair shop must obtain the customer ’ s authorization for repair work if the written estimate contains only an estimate for diagnostic work or the actual repair charges exceed the repair estimate by more than $ 10 or ten ( 10 %) percent , whichever is greater , but not exceeding $ 50 . F . S . § 559.909 . A customer may authorize , modify , or cancel the repair order . If the customer cancels the repair order after being advised that the repairs will exceed the estimate , the repair shop must reassemble the vehicle , unless waived or it would be unsafe to drive . If stated on the estimate , the repair shop may charge for teardown , the costs of parts and labor to replace destroyed items , and the costs to reassemble the vehicle . If repairs are not authorized , it is unlawful for the repair shop to hold the vehicle upon a customer ’ s refusal to pay .
Upon completion of the authorized repairs , the repair shop must provide a legible copy of an invoice which includes : a statement indicating what work was done to correct the problem or a description of the services provided ; an itemized description of parts and labor supplied and the costs thereof ; a statement identifying any replacement part as being new , used , rebuilt or reconditioned ; a description of what , if anything , is guaranteed along with the time and mileage period for which it is effective ; and the repair shop ’ s registration number from the Department ’ s issued certificate . F . S . § 559.911 .
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