Motor vehicle repair shop practices

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  • The following shall be considered unfair trade practice when operating a motor vehicle repair shop:
    • (1) A dealer or repair shop representative or agent making direct or indirect statements which to the best of his knowledge are not true or well founded to the effect:

      • (A) that repairs are necessary or desirable, or that repairs are unnecessary or undesirable, when such a declaration is, to the best of his knowledge not true;

      • (B) that a motor vehicle is in a dangerous condition or use of such motor vehicle may produce harm to the consumer, or that a motor vehicle is not in a dangerous condition or use of such a motor vehicle will not produce harm to the consumer, when such a declaration is not true, to the best of his knowledge;

      • (C) that repairs have been performed on a motor vehicle when such a declaration is not, in fact, true.

    • (2) A dealer, agent, or representative of a motor vehicle shop fails to record the required information in writing on an industry standard repair form, and fails to provide a copy of such record to the consumer prior to commencing repairs on the motor vehicle. The requisite information which the consumer must sign prior to the commencement of the requested repairs shall include, but not be limited to:

      • (A) the name and address of the consumer and a telephone number, if any, at which the consumer may be reached;

      • (B) the date the motor vehicle was delivered for repairs;

      • (C) the year, make, and vehicle identification number of the motor vehicle;

      • (D) the odometer reading on the motor vehicle;

      • (E) the specific repairs requested by the consumer or, if there is no specific request, a brief description of the problems the consumer experienced with the motor vehicle;

      • (F) the estimated labor hours and price per hour for completion of the repairs when practicable; and

      • (G) the total estimated cost for repairs, when practicable.

    • (3) If the dealer or repair shop is unable to obtain advance written authorization because the specific repairs or costs are not known when the motor vehicle is delivered for repair, the consumer must be so informed and must be afforded the opportunity to select one of the following options:

      • (A) no repairs shall be performed until the consumer is notified of the exact nature of the repairs to be performed and the total price to be charged, including parts and labor, and the written authorization of the consumer to perform such repairs is obtained;

      • (B) if the consumer decides not to have the motor vehicle repair shop repair the vehicle after being informed of the exact nature of the repairs and the total price, the motor vehicle repair shop shall be entitled to a reasonable diagnostic charge, provided the consumer was advised of the amount of that charge prior to commencement of the diagnostic work.

    • (4) A dealer or motor vehicle repair shop charges a consumer an amount in excess of that stated in a written estimate unless one of the following conditions apply:

      • (A) repairs may be initiated, but if repairs will exceed by 10% the price agreed to in advance by the consumer, the oral or written authorization of the consumer to proceed further must be obtained; or

      • (B) the consumer may give oral authorization to amend a previously written authorization, provided the authorization does not exceed $499.99 for the complete repair service.

    • (5) The dealer or motor vehicle repair shop fails to display in a clear and conspicuous manner on the premises or fails to disclose to a consumer prior to obtaining written authorization for repairs:

      • (A) the labor costs for the repairs;

      • (B) that the consumer has the right, upon request, to have any parts which were replaced returned to the consumer at the completion of the service, or to inspect such parts, where possible, if such parts must be returned to the manufacturer or some other person under the terms of the warranty or rebuilding arrangement;

      • (C) that any part to be supplied is new, used, reconditioned, rebuilt, or genuine parts approved by the automobile manufacturer;

      • (D) the conditions under which the repair shop may impose daily or hourly storage charges for a motor vehicle and the amount of such charges;

      • (E) the amount of any charge to a consumer for an estimate or diagnosis; or

      • (F) the total estimated cost of repairs, when practicable.

    • (6) The dealer or motor vehicle repair shop fails to complete repairs on a motor vehicle within the time specified by the repair shop or dealer, unless the consumer is informed of a reasonable delay, or when no time for repairs is specified, failing to complete repairs within a reasonable period of time.

    • (7) The dealer or motor vehicle repair shop fails to guarantee and remedy promptly, at no charge to the consumer, any repair or maintenance service authorized on a standard repair order which was not performed in a skilled and workmanlike manner; provided, however, that the consumer complains or brings the disrepair to the attention of the repair shop within 30 days.

    • (8) The dealer or motor vehicle repair shop fails to provide at the completion of repair or maintenance work, a dated, written invoice containing the following information:

      • (A) the name and address of the consumer and repair shop;

      • (B) the year, make and Vehicle Identification Number of the motor vehicle;

      • (C) the date the motor vehicle was delivered for service;

      • (D) an itemized list of the specific repair or maintenance services performed on the motor vehicle;

      • (E) a list of the parts supplied, by name or number, and except for warranty work, the price charged by the repair shop for such parts, and the total amount charged the consumer for such parts;

      • (F) if any part not supplied by the manufacturer of the vehicle was reconditioned, used or rebuilt, it should be so stated on the repair order;

      • (G) the number of hours and the total amount charged the consumer for labor.

    • (9) The dealer or motor vehicle repair shop charges a consumer for repairs which have not actually been performed.

    • (10) The dealer or motor vehicle repair shop refuses to provide a consumer with an exact copy of the completed repair order containing the information as required by this section.

    • (11) The dealer or motor vehicle repair shop uses a motor vehicle of a consumer for any purposes other than a test drive or pick-up or delivery to the consumer unless the express written authorization of the consumer is obtained in advance.

    • (12) The dealer or motor vehicle repair shop fails to obtain prior approval of the consumer when used, reconditioned, or rebuilt parts not supplied by the manufacturer are to be used.

    • (13) When a vehicle enters storage without the consent of the owner (such as after an accident when the car is towed away without instruction from the owner) the dealer, motor vehicle repair shop or other storage facility must contact the owner or owner's agent as soon as possible to advise as to the vehicle's location and the proposed fees and charges. In these circumstances, towing fees or storage charges in excess of $25 shall not accrue against a vehicle until 24 hours after such notification. The burden of proof of notification is upon the storing facility. If the consumer or his agent does not move the vehicle elsewhere within 24 hours of notification, consent to store the vehicle shall be presumed.


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