§ 20-354.5. Notification of charges in excess of repair estimate; prohibited charges; refusal to return vehicle prohibited; inspection of parts.
§ 20‑354.5. Notification of charges in excess of repair estimate; prohibited charges;refusal to return vehicle prohibited; inspection of parts.
(a) In the event thatany of the following applies, the customer shall be promptly notified bytelephone, telegraph, mail, or other means of the additional repair work andestimated cost of the additional repair work:
(1) The written repairestimate contains only an estimate for diagnostic work necessary to estimatethe cost of repair and such diagnostic work has been completed.
(2) A determination ismade by a motor vehicle repair shop that the actual charges for the repair workwill exceed the written estimate by more than ten percent (10%).
(3) An implied partialwaiver exists for diagnostic work, and the diagnostic work has been completed.
When a customer is notified, heor she shall, orally or in writing, authorize, modify, or cancel the order forrepair.
(b) If a customercancels the order for repair or, after diagnostic work is performed, decidesnot to have the repairs performed, and if the customer authorizes the motorvehicle repair shop to reassemble the motor vehicle, the shop shallexpeditiously reassemble the motor vehicle in a condition reasonably similar tothe condition in which it was received.
After cancellation of therepair order or a decision by the customer not to have repairs made afterdiagnostic work has been performed, the shop may charge for and the customer isobligated to pay the cost of repairs actually completed that were authorized bythe written repair estimate as well as the cost of diagnostic work andteardown, the cost of parts and labor to replace items that were destroyed byteardown, and the cost to reassemble the component or the vehicle, provided thecustomer was notified of these possible costs in the written repair estimate orat the time the customer authorized the motor vehicle repair shop to reassemblethe motor vehicle.
(c) It is a violationof this Article for a motor vehicle repair shop to charge more than the writtenestimate and the amount by which the motor vehicle repair shop has obtainedauthorization to exceed the written estimate in accordance with subsections (a)or (b) of this section, plus ten percent (10%).
(d) It is a violationof this Article for any motor vehicle repair shop to refuse to return anycustomer's motor vehicle because the customer refused to pay for repair chargesthat exceed a written estimate and any amounts authorized by the customer inaccordance with subsection (a) or (b) of this section by more than ten percent(10%), provided that the customer has paid the motor vehicle repair shop theamount of the estimate and the amounts authorized by the customer in accordancewith subsections (a) and (b) of this section, plus ten percent (10%).
(e) Upon request madeat the time the repair work is authorized by the customer, the customer isentitled to inspect parts removed from his or her vehicle or, if the shop hasno warranty arrangement or exchange parts program with a manufacturer,supplier, or distributor, have them returned to him or her. A motor vehiclerepair shop may discard parts removed from a customer's vehicle or sell themand retain the proceeds for the shop's own account if the customer fails totake possession of the parts at the shop within two business days after takingdelivery of the repaired vehicle. (1999‑437, s. 1; 2001‑298, ss. 3, 4.)