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Florida Statutes 559.905 - Written motor vehicle repair estimate and disclosure statement required

Florida Statutes > Chapter 559 > Part IX > 559.905


Current as of: 2012
   (1) When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $100 to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The written repair estimate shall also include the following items:
   (a) The name, address, and telephone number of the motor vehicle repair shop.
   (b) The name, address, and telephone number of the customer.
   (c) The date and time of the written repair estimate.
   (d) The year, make, model, odometer reading, and license tag number of the motor vehicle.
   (e) The proposed work completion date.
   (f) A general description of the customer's problem or request for repair work or service relating to the motor vehicle.
   (g) A statement as to whether the customer is being charged according to a flat rate or an hourly rate, or both.
   (h) The estimated cost of repair which shall include any charge for shop supplies or for hazardous or other waste removal and, if a charge is included, the estimate shall include the following statement:

"This charge represents costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal."

If a charge is mandated by state or federal law, the estimate shall contain a statement identifying the law and the specific amount charged under the law.

   (i) The charge for making a repair price estimate or, if the charge cannot be predetermined, the basis on which the charge will be calculated.
   (j) The customer's intended method of payment.
   (k) The name and telephone number of another person who may authorize repair work, if the customer desires to designate such person.
   (l) A statement indicating what, if anything, is guaranteed in connection with the repair work and the time and mileage period for which the guarantee is effective.
   (m) A statement allowing the customer to indicate whether replaced parts should be saved for inspection or return.
   (n) A statement indicating the daily charge for storing the customer's motor vehicle after the customer has been notified that the repair work has been completed. However, no storage charges shall accrue or be due and payable for a period of 3 working days from the date of such notification.
   (2) If the cost of repair work will exceed $100, the shop shall present to the customer a written notice conspicuously disclosing, in a separate, blocked section, only the following statement, in capital letters of at least 12-point type:

PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN:

I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100.

  I REQUEST A WRITTEN ESTIMATE.

  I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT EXCEED $ . THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.

  I DO NOT REQUEST A WRITTEN ESTIMATE.

SIGNED         DATE  

   (3) The information required by paragraphs (1)(h) and (i) need not be provided if the customer waives in writing her or his right to receive a written estimate.
   (4) Except as provided in subsection (5), a copy of the written repair estimate required by subsection (1) and the disclosure statement required by subsection (2) shall be given to the customer before repair work is begun. The disclosure statement may be provided on the same form as the written repair estimate.
   (5) If the customer leaves her or his motor vehicle at a motor vehicle repair shop during hours when the shop is not open or 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; however, upon completion of diagnostic work necessary to estimate the cost of repair, the shop shall notify the customer as required in s. 559.909(1).
   (6) Nothing in this section shall be construed to require a motor vehicle repair shop to give a written estimated price if the motor vehicle repair shop does not agree to perform the requested repair.
Florida Statutes 559.904 - Motor vehicle repair shop registration; application; exemptionPart IX Table of ContentsFlorida Statutes 559.907 - Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited

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Questions & Answers: Automobile Repair and Service

May a car repair shop add a "Customer pay misc. supplies for repair order" in Florida? ...
Am I required by law to pay for repairs if there was no work order or estimate signed and given in the State of Florida?...
TOOK MY EXPLORER TO A LOCAL TRANSMISSION SHOP TO HAVE IT LOOKED AT. WAS TOLD IT NEEDED TO HAVE THE TRANSMISSION REBUILT AND REAR WHEEL BEARINGS. I WAS TOLD THEY DID IN-HOUSE FINA...
Is an oil change shop reportable to the California BAR? And if so, how and why?...
is there a similar law for boat repairs as well?...
Does Florida law require a repair shop return all replaced parts to the owner of the vehicle...

See also:

Florida Regulations Chapter 5J-12 - Motor Vehicle Repair Act
Comments (16)add comment
MARTY: ...
WHY CAN THEY CHARGE 10% OF THE BILL. IF THEY USE THE SAME SUPPLIES FOR ALL REPAIRS. EXAMPLE IF I GET AN OIL CHANGE FOR 18.00 OR 25.00 THE SUPPLIES ARE THE SAME AND THEY CHARGE MORE BASED ON PRICE.
THANK YOU,
MARTY
1

May 12, 2012
Steven Daily: ...
It sounds like you went to a service station that charges 10% of the supplies/parts price as a service fee. In any event, like just about any business, service stations are free to set their prices as they see fit, and it is for you to decide whether you are willing to pay those prices. They probably choose 10% because it is simple. If you think it is unfair, take the car somewhere else.
2

May 12, 2012
JT Clay: ...
I had a repair shop that specializes rebuilding engines completely overhaul motor in my vehicle. After the overhaul, I have returned vehicle 4 times to repair shop due to a tapping noise in new engine; with owner of shop conclusion noise isnt that detrimental. However, now the 5th time, I had to have vehicle towed to same repair shop not only due to tapping noise yet motor shaking, check engine indicator lite and vehicle exhaust pushing-out smoke. I informed the rep's at the repair shop during their normal operational hours that my vehicle was being towed and informed problem. After approx two weeks, a rep called me stated he believes found problem of tapping noise etc and would disassemble motor. Then, weeks later, I received a voice message that vehicle is ready, which, upon, I called and was told the cause of tapping noise etc was due to a defective piston (in a complete rebuilt engine) and that they actually replaced all 8 pistons, YET, he stated that I am to pay $650 dollars for non-warranty parts. I told owner of business, thats a problem for I am not paying period for not only is this the 5th time of vehicle being returned for tapping noise in a rebuilt motor, that I was not given an written estimate prior to disassembled and/or defective (piston) repairs being performed, and being that his stated cause of tapping noise etc in new motor results of a defective part(s) that the manufacture should be the party to pay for any non-warranty parts, labor for disassemble and reassembling; entire expense for repair. So question is - am I obligated to pay ?
3

September 25, 2012
Scott Nelms: ...
I have 2 antique trucks that someone took to do some repair on about 9 months ago, it was in FL and the guy moved back to Maine. I only found out as I sent him an overnight letter to his last known FL address and it was returned. My son talked to him and now he says I owe him more money, but will not return our calls to find out how much. I know where the trucks supposedly are. One is outside in a locked fence yard, the other one is supposedly inside a commericial shop that is never occupied. I have FL titles to both trucks. How can I get them back? Thanks!
4

September 27, 2012
Scott Nelms: ...
I have already paid him far more than he originally said it would cost and he did not give me any written estimate.
5

September 27, 2012
Fred C.: ...
The repair shop damaged my vehicle and wants to charge me for work to fix their error. What can I do?
6

December 24, 2012
glenn: ...
Am I liable if a mechanic is unable to diagnose and fix my car?
7

February 08, 2013
Meg: ...
Is there any kind of exception for an antique car when prices for parts and time aren't able to be ascertained prior to work beginning?
8

February 12, 2013
Steven Daily: ...
Scott and Fred,
When a repair shop is holding your vehicle your only real option is to take them to court, perhaps small claims court depending on the value of the vehicle. Either sue for the value of the vehicle, or pay the repair cost and sue to get it back.

Glenn,
Whether you are liable depends on what, if anything, you agreed to with the repair shop. If the agreement was to fix the car, you owe nothing. Again, however, you may be forced to pay the repair bill to get your car back and then bring a suit in small claims court.

Meg,
I don't see any exception for antique cars, but there is plenty of flexibility in the law for dealing with unforeseen costs. First, you are only required to give an estimate. So be conservative. If the customer balks at the number, it is better to know up front then later. If the costs are going to exceed your estimate, let the customer know, and if they don't agree to pay the increased cost, you can still charge them for your work:

"After cancellation of the repair order, the shop may charge for the cost of teardown, the cost of parts and labor to replace items that were destroyed by teardown, and the cost to reassemble the component or the vehicle, provided the customer was notified of these possible costs in the estimate prior to commencement of the diagnostic work."

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_559-909

Steve Daily
LawServer.com
9

February 13, 2013
Kara Hedlund: ...
I have a mechanic who is refusing to finish work on my bus because I inquired about what parts were being ordered and why. He told me to order a tow truck to get it off of his property if I did not like what he was doing. Nothing has been in writing, no quote has been given and he has already taken the wheels and other parts off of my bus. I need some answer as soon as possible. Please help! Thank you!
10

February 16, 2013
mikail: ...
got a car from buy here pay here. about 5 months later it had a transmission fluid leak. the car lot told me to bring it back to them because they could get it fixed for cheaper than anyone els. i drove the car to the car lot and watched them drive it to their mechanic. two days later i called to check on the car at this time i was told that the axel fell out of the transmission and they have to fix that before they can drive it to the transmission shop. at first i was told it was a rear main seal leak about 500 dollars to fix, seventeen days later after several calls with no information i was told that it would be 1600 dollars because the transmission has to be rebuilt and i have to pay for the cv axel that "popped out" while the vehicle was in their possetion. do i have any rights in this situation?
11

March 01, 2013
Julianne: ...
May a car repair shop add a "Customer pay misc. supplies for repair order" in Florida?
12

August 24, 2013
JJ: ...
Am I required by law to pay for repairs if there was no work order or estimate signed and given in the State of Florida?
13

August 29, 2013
TOM MENAPACE: ...
TOOK MY EXPLORER TO A LOCAL TRANSMISSION SHOP TO HAVE IT LOOKED AT. WAS TOLD IT NEEDED TO HAVE THE TRANSMISSION REBUILT AND REAR WHEEL BEARINGS. I WAS TOLD THEY DID IN-HOUSE FINANCING FOR THE COST OF THE BILL. THE REPAIRS WERE OK'S OVER THE PHONE WITH AN ESTIMATED PRICE OF $2,000-$2,300-GOT A CALL A COUPLE OF DAYS LATER TO PICK UP CAR. THEY HAD NOT DONE THE WHEEL BEARINGS AND THE PRICE ENDED UP $2,464.75 AND DID NOT DO THE IN-HOUSE FINANCING. WE DIDN'T KNOW WHAT TO DO AT THAT POINT AND WE WERE TRYING TO GET THE MONEY TOGETHER. THEY WERE CHARGING $25.00 A DAY STORAGE ON THE VEHICLE AS WELL. WE WERE GETTING NO WHERE WITH THE ARGUMENT OF YOU SAID, NO I DIDN'T. WE WERE NEVER GIVEN A WRITTEN ESTIMATE WHICH WOULD HAVE PROTECTED BOTH SIDES FROM SOMETHING LIKE THIS. WE ENDED UP DOING A POSSESSORY LIEN AFTER HE SAID HE HAD DONE A "MECHANICS LIEN" TO GET THE VEHICLE BACK. THE EXPLORER WAS RETURNED WITHOUT MY REBUILT TRANSMISSION I HAD JUST PAID THE COURT FOR. I PAID THE BILL OFF THE INVOICE WE PICKED UP 9 DAYS AFTER IT WAS FIXED.NNWE ARE STILL STUCK IN THE HE SAID SHE SAID NIGHTMARE. THEY BROKE ALMOST EVERY REQUIREMENT OF CHAPTER 559 IN THE FLORIDA STATUTES AND NOW OFFER THE MONEY FROM THE COURT BACK AND THE $400.00 DEPOSIT TO "REPAIR" OUR VEHICLE SOMEWHERE ELSE, BUT TOOK THE PART WE NEEDED TO HAVE REPAIRED AND NOW IT NEEDS REPLACED. THAT DOESN'T SEEM FAIR AT ALL.
14

September 17, 2013
chip: ...
is there a similar law for boat repairs as well?
15

February 28, 2014
Thomas Fudale: ...
Does Florida law require a repair shop return all replaced parts to the owner of the vehicle
16

April 09, 2014

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