Legal Question in Consumer Law in Florida

Hello,

My wife and I are having problems with Pepboys automotive service co.. The last thing we were told by phone by the assistant service manager was that we needed to get our car or they would tow our car somewhere else. We are disputing the charges because they never gave us an estimate written or verbal for the work that needed to be done. Pepboys just went ahead and did the work without our approval or authorization to continue and service the vehicle. I was told that they would get back with me on the estimate because they had to order the parts, they never did call me with the estimate. When I asked them why they waited so long to inform me of additional charges added,because of the vehicle being there about 2 Months, they replied, " We lost your phone number." Somehow they found the number on some paper in our car. And I would think, It took them two months to think about looking in the car for possible information like a phone number. I don't believe they lost our number at any time. Now, my question, if we have to go and pick up the vehicle they are going to demand that we sign their paperwork and pay them $800 dollars before they hand over the car. Should I sign anything they give me? I don't want our car towed anywhere else. I think a 50% deduction of our current charges would be justified for the aggravation we've had to endure, please advise.


Asked on 1/22/10, 1:09 pm

2 Answers from Attorneys

Joseph Brien THE PEOPLE'S ADVOCATE

You will have to get a copy of the final bill. If you dispute the bill, you will have to get the car before its moved or sold at auction.

The process.

With the final bill you go the clerk of the court and put the amount demanded into the clerk of the court registry. They will provide you with the necessary paperwork to have your car released. You arrange to meet with the local police at Pepboys and they should release the car. Pepboys has 60 days to file a lawsuit for the money. If they don't you will get your money back from the Clerk. If they file you can defend. Good luck. If you do not have the money to get the car released; there are other options but you will need an attorney and it could be costly.

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Answered on 1/27/10, 1:22 pm
Angelo Marino Angelo Marino Jr. PA

Please see Florida law below on car repair:

559.905 Written motor vehicle repair estimate and disclosure statement required.--

1. (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.

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Answered on 1/28/10, 11:38 am


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