I'm living in forida and i was wondering can a car shop work on my car without my written consent?
if they are not allowed to i was wondering can i go to the shop and forbid to pay and get my car ? what if they do not want to give me my car and lie and said i did give them verbal consent over the phone ?
Answers:
Hillary needs to stop smoking so much dope before she comes to freelawanswer.com .
Taking you car to a shop does not give consent. That is saying that taking your cat in to the vets for a flea dip gives them the right to give it rabby shots.
Back in the mid 70s congress passed a law, though I cannot remember its name, which outlined just how repair shops must operate. First, in detail, they must outline what it is they are going to test. Second, they cannot perform any repair without talking to, or having a signed consent form. Third, they must provide you with a written estimate and contact you if they are going to over the estimate by 10%. Fourth, they must provide you with any parts that were replaced.
Any contract must have what is called a meeting of the minds. If you feel that you were taken advantage of then you need to contact an attorney. BTW, the shop cannot legally keep your car until there is a court order forcing you to surrender it. They can force a lien on the title but only after getting a court’s approval. In short in order to collect on you they will have to take it to small claims court. When that happens you’ll be able to show your side.
Good Luck.
PS Get a hold of your local or states BBB and let them know what is going on.
From the web site:
The Florida Motor Vehicle Repair Act was created to assist consumers with matters relating to motor vehicle repair shops.
The act applies to dealers of new and used cars, trucks and motorcycles; garages; service stations; self-employed persons; truck stops; and paint, body, brake, muffler, transmission, mobile repair and glass shops.
If the repair work will cost more than $100, the repair shop must give you the option of:
Requesting a written estimate prior to the work being done;
Being notified by the shop if the repair exceeds an amount you specify; or
Not requiring a written estimate at all.
*Consumers must sign and date one of the above options. Motor Vehicle Repair shops cannot force you to waive your right to an estimate.
When a written estimate is required, you must be given a copy.
Ask if the prices quoted are for new, used or rebuilt parts. Make sure the written estimate clearly states which.
The repair shop must get your approval before exceeding the repair cost by more than $10 or 10 percent, whichever is greater, but not to exceed $50, so make sure you give them a phone number where you can be reached.
You can cancel repairs if they exceed the estimate and the repair shop must reassemble the vehicle, unless it is unsafe to drive. The shop may charge you for teardown and reassembly only if you were given notice of that charge on the estimate.
You are entitled by state law to get back any replaced parts if you requested them initially. However, the repair shop may charge a fee, and, if the parts are under warranty agreement with the manufacturer or distributor, they may not be returned to you.
Back to Top The Repair Estimate Must Include
The shop's name, address and telephone number.
The customer's name, address and telephone number.
Date and time of estimate.
Year, make, model, odometer reading and license tag number of vehicle.
Proposed work completion date.
Description of customer's problem or request.
Labor charges based on a flat rate, hourly rate or both.
Estimated cost and charges for repair.
Charges for shop supplies or for hazardous or other waste removal.
Charges for making an estimate and the basis for the charge.
The customer's intended method of payment.
Name and telephone number of any alternate person the customer would allow to authorize repairs.
Terms of the parts and service guarantee.
Notation if customer wants replaced parts returned.
Charge for daily storage. Shops notify customers after repair work is completed and customers then have three working days to pick up the vehicle before storage fees may be charged.
Back to Top The Repair Invoice
Check the invoice carefully. Make sure you understand the work that was performed and what you are paying for. Keep a copy of all work orders and receipts and get all guarantees or warranties in writing.
The Invoice Must Include:
Date and odometer reading.
Description of work.
Labor, parts and other merchandise costs.
Nature of parts (new, used, rebuilt, etc.)
Guarantee, if any.
Registration number from the certificate issued by the department identifying your shop.
Back to Top Amount Over the Written Estimate
If your bill exceeds the final estimate that you authorized by more than $10 or 10 percent, whichever is greater, and the shop refuses to give you your vehicle unless you pay, here is what you can do:
Obtain a copy of the bill from the shop and file a bond for the amount of the final
repair bill plus storage charges, if any, with the Clerk of the Circuit Court in the
county where the shop is located.
The clerk will issue a certificate directing the shop to release your vehicle. A law
enforcement officer will help deliver the certificate to the shop, if necessary.
The repair shop has 60 days to file a lawsuit to recover the bond as payment for
the repair. If the shop does not sue within 60 days, the clerk will return the bond
money to you. The shop, however, can still file.
If the shop refuses to release your car after it gets the certificate, you may:
Consult an attorney and bring legal action against the shop. The winning party may receive attorney’s fees and court costs.
Ask the State Attorney’s Office in your area to file criminal charges against the shop as it is a misdemeanor for the shop to refuse to release your car when it gets a certificate.
Although you do not have to file a lawsuit against the shop, if you choose to do so, the Clerk will give you a form to file.
Back to Top Under the Law, Registered Shops Must...
Post in a conspicuous location in the customer service area, the registration certificate and a sign advising consumers of their rights under the Motor Vehicle Repair Act and giving the department’s toll-free telephone number for assistance or information.
Include in the sign a statement advising consumers they are entitled to the return or inspection of replaced parts, if requested at the time the work order is
placed.
Include their registration number in any advertisements, announcements, or listing relating to motor vehicle repair in any newspaper, magazine or directory.
Back to Top After the Repairs
Keep good records. Keep all paperwork associated with repairs, including warranties.
Reward good service with repeat business. It is mutually beneficial to you and the shop owner to establish a relationship.
If the service was not all you expected, don’t rush to another shop. Discuss the
problem with the service manager, owner or president of the company. Give the
business a chance to resolve the problem. Reputable shops value customer feedback and will make a sincere effort to keep your business.
If you do not receive satisfaction, contact the Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352). For out-of-state residents, please call (850) 488-2221.
How did they get your car in the first place?
If you took it there for a repair, it's prety much the same as consent, and it doesn't have to be in writing. If they've already performed repairs on your car, then you have to pay for it before you can get it back.
Yes in Florida there is implied consent when you presented your car to them!~!
If you took it for a repair, then in all likelihood they made you sign a contract giving them the right to do all necessary work and bill you for it. But to answer your question, verbal consent is adequate, there is no reason it has to be in writing.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: